Legal experts WIRED spoke with say that the ICE monitoring and documentation apps that Apple has removed from its App Store are clear examples of protected speech under the US Constitution’s First Amendment. “These apps are publishing constitutionally protected speech. They’re publishing truthful information about matters of public interest that people obtained just by witnessing public events,” says David Greene, a civil liberties director at the Electronic Frontier Foundation.
This hasn’t stopped the Trump administration from attacking the developers behind these ICE-related apps. When ICEBlock first rose to a top spot in Apple’s App Store in April, the Trump administration responded by threatening to prosecute the developer. “We are looking at him,” Bondi said on Fox News of ICEBlock’s Aaron. “And he better watch out.”
Neither the White House nor ICE immediately responded to requests for comment.
Digital rights researchers say that the situation illustrates the dangers when key platforms and communication channels are centrally controlled—whether directly by governments or by other powerful entities like big tech companies. Regardless of what is officially available through the Google Play store, Android users can sideload apps of their choosing. But Apple’s ecosystem has always been a walled garden, an approach that the company has long touted for its security advantages, including the ability to screen more heavily for malicious apps.
For years, a group of researchers and enthusiasts have tried to create “jailbreaks” for iPhones to essentially hack their own devices as a way around Apple’s closed ecosystem. Recently, though, jailbreaking has become less common. This is partly the result of advances in iPhone security, but partly related to the trend in recent years of attackers exploiting complex chains of vulnerabilities that could potentially be used for jailbreaking for malware instead, particularly mercenary spyware.
“The closed ecosystem motivation sort of dwindled as Apple added capabilities that previously required a jailbreak—like wallpapers, tethering, better notifications, and private mode in Safari,” says longtime iOS security and jailbreak researcher Will Strafach. “But this situation with ICE apps highlights the issue with Apple being the arbiter and single point of failure.”
Stanford’s Pfefferkorn warns that while US tech companies are not state-controlled, they have in her view become “happy handmaidens” when it comes to “repressing free speech and dissent.”
“It’s especially disappointing,” Pfefferkorn says, “coming from the company that brought us the Think Different ad campaign, which invoked MLK, Gandhi, and Muhammad Ali—none of whom would likely be big fans of ICE today.”