Judge: US Can’t Force Apple To Provide Encrypted iPhone Data. NY Federal Judge Rules in favor of Apple. They still have to deal with the Federal Judge in Riverside County though. It looks like it’s time for the Supreme Court to get involved. Or, will the FBI get tricky and try to use the Foreign Intelligence Surveillance Court (FISA) to get a rubber stamp?
This post was last modified on February 29, 2016
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This is actually about a drug case in NY.
I'm beginning to wonder what I feel about this stuff. I want them to stop terror attacks, but I also want them to follow the Constitution.
If I truly believed that the program would be used ONLY to break into phones where a legitimate search warrant has been issued, it would be different.
The Constitution wins again, how much longer before Congress passes another midnight resolution to try to get around this as well.
Unless I'm quite confused about this whole matter, the FBI has the phone and can do any dam thing they want with it consistent with any piece of evidence. Their only problem is that they can't get into the data. They are, therefore, asking that Apple write software which will allow them to decrypt it. Let me be clear -- there IS NO software which exists now which can crack open this phone. They are asking that apple be COMPELLED to write such software.
Unless I'm mistaken, we had a little war a few years ago, one result of which was a Constitutional amendment forbidding "involuntary servitude." Regardless of these specific circumstances, I for one am very uncomfortable with forcing any person, corporate or natural, to perform a service for the government in this manner.
You mean like pay for Obamacare?
I'm still challenged by the notion that a judge... or anyone else, can 'order' someone to invent something that doesn't exist. Just offer Microsoft the contract.
Yes! The government should offer and provide compensation to a company that is willing and able to do what the government wants to do. However the issues of national and private security will still be out there BUT the issue of FORCING someone to do something is resolved.
The NSA doesn't have anyone on staff to do it?
They may have no one that CAN do it...
That's not how FISA works.
OK thanks. Obviously I'm not informed on what they do or don't do.