moon
Satire for Sanity
I suppose that you think that the FBI would be satisfied that the phone contained only some girlfriends' numbers and a shopping list ?
Apple; Do YOU trust the government- ANY government ?
- Thread starter moon
- Start date
I suppose that you think that the FBI would be satisfied that the phone contained only some girlfriends' numbers and a shopping list ?
The problem there is this: By ordering Apple to develop new software to allow the FBI to continue trying password combinations, the Court is ordering Apple - a third party - to become part of a prosecutorial investigation.
By the same token, forcing Apple to do the data retrieval in-house also means that a third party is being forced by court order to become party to a prosecutorial investigation.
In either scenario, Apple would still have to spend its own resources to create or alter software.
My expertise is not in criminal justice, but I'm not so sure there is actual authority to force a non-governmental, non-law enforcement, publicly-traded company to assist in an investigation by creating new investigative tools or techniques.
That said, if they refuse to assist, I wonder if the next move would be to slap Apple with a charge of impeding an investigation.
transwarpdrive
Destroyer of Liberals
http://www.theatlantic.com/internat.../russia-airstrikes-syria-civilians-us/411478/
The Civilian Toll of Russia’s Bombing Campaign
According to the Syrian Observatory for Human Rights, less than two-thirds of the casualties of Russian airstrikes have been combatants.
The Civilian Toll of Russia’s Bombing Campaign
According to the Syrian Observatory for Human Rights, less than two-thirds of the casualties of Russian airstrikes have been combatants.
moon
Satire for Sanity
Wouldn't the FBI be open to a counter-charge of aiding and abetting Apple's competitors ?
moon
Satire for Sanity
You appear to have gotten your threads confused. When you find the right one, make a note for me of the Palestinian civilians murdered by Israeli air strikes, would you ?
Apple SHOULD be forced to do the data retrieval, aiding and abetting terrorism against US citizens is a crime....
On what grounds? A charge of aiding and abetting deals with assistance in criminal conduct of another.
Unless Google, for example, has committed some crime and the FBI is assisting them in that crime - which would be discovered as a result of the order to provide the iOS the FBI is looking for - there are no grounds for a charge of aiding and abetting Apple's competitors.
moon
Satire for Sanity
You'd be guilty of that if you allowed such software into terrorists' hands.
Apple, in refusing to do the data retrieval, would not be aiding and abetting terrorism since the charge would stem from an act or refusal to act AFTER the fact.
Maybe a charge of accessory after the fact at best, but I think they'd have a very hard time making that one stick.
Again, my expertise is not in criminal law, but you can't aid and abet someone when they're already dead.
I think the best the FBI could see, if they intended to, would be impeding the investigation.
moon
Satire for Sanity
OK , wrong charge. What could Apple use to counter any FBI attempt to prosecute it on the grounds you mentioned. I feel that forcing Apple to undermine its own security must assist its competitors- and the FBI's promise not to disseminate the software cannot be guaranteed. The FBI would embark upon the enforcement in full knowledge of that.
SmarterthanYou
rebel
what's to stop the government from secretly using that same key to spy on americans?
SmarterthanYou
rebel
but it will involve everyones rights.
SmarterthanYou
rebel
would the founders approve of surrendering everyones 4th and 5th Amendment to search the phone of a terrorist?
Hundreds of civilians killed in US-led air strikes on Isis targets – report
Airwars project details ‘credible reports’ of at least 459 non-combatant deaths, including 100 children, in 52 air strikes
http://www.theguardian.com/world/20...targets-killed-more-than-450-civilians-report
c'est la vie, Jew Hater,........terrorism has its consequences....
SmarterthanYou
rebel
how is securing the privacy of hundreds of millions of americans aiding and abetting terrorism?
The data the FBI wants is no ONE PHONE....that phone used by undeniable terrorists....and thats the phone Apple should be forced to break...no others.....and you
know that is what I've been saying all along.....
I see two ways out for Apple, considering there's a court order in place.
One is that creating a new iOS with either a back door or weakening of the encryption would place undue risk to the rest of the worldwide population as to their own privacy - and could actually make it easier for members of terrorist organizations to hide the activities on their mobile devices by permitting the insertion of third-party software that Apple currently doesn't allow. The risk that the custom iOS could leak out is too great and as such it is safer for the world that it not be done.
The other is that the court order says that Apple is to provide "all reasonable assistance", it's not ordering Apple to create the new software. The FBI is asking for that now that they have the court order in place.
Since the FBI is asking for a custom, one-off piece of software, and Apple would have to create that software, some might consider requiring a company to develop new software, and the expense involved, to be unreasonable.
In the end, I think what will happen is that Apple will wind up spending a lot of money on lawyers and lose - and I believe that is a frightening consequence of the kind of Constitutional disregard for privacy that exemplifies the world we now live in.
SmarterthanYou
rebel
to do that, apple would have to create a key that opens ALL of their phones and give it to the FBI. do YOU want the FBI to have that kind of key for ALL iphones? do YOU believe, for even a second, that the FBI wouldn't use that key ANY TIME they wanted to in order to search a phone?