Aylee
Posts: 24103
Joined: 10/14/2007 Status: offline
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quote:
ORIGINAL: kdsub No you don't understand the situation... this has nothing to do with privacy... Searching a phone is no different than a court ordered warrant to search a home or vehicle when a crime has been committed. The only question here is Apple's reluctance to be forced to develop and give software to the FBI. I am saying it is the information that is important not the software. The FBI should have no need for the software if Apple were to give them the information on the phone. It is legal to issue warrants and a necessity for effective policing. You have no right to privacy when you commit a crime. Butch So you are good with repealing the 13th amendment to allow for involuntary servitude? Got it. So the FBI has a valid search warrant to search a house. In the house, they find a safe. The safe was manufactured with a self-destruct. The FBI deems the risk of destruction of the contents of the safe too high if it proceeds with cracking the safe without expert assistance. Now, what sort of assistance can the manufacturer be compelled to provide? Obviously, an ordinary subpoena for documents will get the FBI the design specifications and drawings from the manufacturer. No problem there. Let's assume that's not good enough to open the safe. The FBI then says to the manufacturer, "we want you to design and build a device that disables the self-destruct." Now the FBI is not asking merely for information in the possession of the manufacturer, now it is asking the manufacturer to do work for the FBI. The manufacturer refuses. Can a US court order the manufacturer to do work it doesn't want to do? What the Feds have asked the manufacturer for is, in fact, a wrench - a specifically shaped wrench, that can safely disarm the self-destruct. That brings us to the other little problem .. once it's known that the wrench *can* exist, its' design will be reverse-engineered in short order, and all the safes which had been advertised as fail-safe suddenly .. won't be. In the event Apple build the wrench, they'd appear to immediately be open to both damages - for false advertising (I can imagine a class action lawsuit) and huge loss in market share. Running the clock seems to be in their best interest, but .. realistically, the right answer is for the FBI to either get their crackers on how to open exploding safes, and/or to get some sort of humint operation working so they don't *need* to open it to make a good guess at what's inside.
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Ceterum censeo Carthaginem esse delendam I don’t always wgah’nagl fhtagn. But when I do, I ph’nglui mglw’nafh R’lyeh.
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