But I recognize that not everyone is so paranoid. Though in the current political climate, where corporations are clearly choosing sides, you probably should be.
They are generally happy to hand over iCloud backups, which they did in that case and the FBI "lost" them IIRC.
It was also an iPhone 5c, the last iPhone without a Secure Enclave, I believe they were able to get in with GrayKey.
That one they legally have to do when given a subpoena.
Apple was able to say no, because they weren't in physical possession of the HSM, which meant that they couldn't be subpoenaed for information that wasn't actually in their possession, but a judge wouldn't look as highly on google's case.
In the San Bernadino case the FBI had physical possession of the HSM, so Apple could have attacked it physically. That's not related to the reasons why the FBI gave up on that case.
I read the blog post _and_ the third party security audit. The audit only documents that rogue actors within Google would leave a attestation trail if they tried to push malicious firmware and be noticed by Google proper. My concern isn't rogue actors but Google itself. Additionally the Titan chip in my pixel has received firmware updates without wiping it's storage.
> In the San Bernadino case the FBI had physical possession of the HSM, so Apple could have attacked it physically. That's not related to the reasons why the FBI gave up on that case.
Right, so the legal distinction between "we want a piece of information in your possession that you have decided to lock from yourself" versus "we want your help receiving information that we have in our possession but can't access" is a very very big difference from a warrant perspective.
It is not at all clear that the FBI would have lost if they had continued to pursue Apple in the San Bernadino case. The distinction you are drawing is not as clear cut as you think it is.
Bringing this back to the original point though, just using an HSM doesn't automatically mean that the manufacturer of the HSM can't access the keys.