Ok, time to put in my two cents into this interesting debate.
The background as to why Apple is going head to head with the government
is that one of the San Bernardino shooters had an apple IPhone. That
shooter is dead of course but the government apparently cannot access the
information on the phone. So the government wants Apple to create a back
door for them to go into the phone and other Apple phones/products to monitor
for terrorist activity. Apple however grew a pair and said no to the
government citing privacy (Apple apparently has previously cooperated with the
Federal government on all previous occasions).
So Apple is being given two options.
The first is to create the backdoor in their firewalls and operating
system to allow for government to spy on us at will, or they refuse and
maintain the privacy of the individual owner (did I mention the guy who owns
the phone in question is dead?). However, the government should actually
do the right thing and get a warrant. Yea, that thing that the
constitution mandates that judges have to issue to search people's private
information ("papers" or in this case electronic papers). Some
of you may be remembering that I said the guy was dead though. So how
does that factor in? Well, this is me just talking, but the dead do not
have privacy rights, but their next of kin/the people who get their stuff when
they die do. So if the family claimed the shooter's personal effects then
you still need a warrant regardless and that warrant must state that reasons
why the information on the phone needs to be accessed.
Final Thought: So in this instance the government
is in the wrong. It does not matter that the shooter was a domestic
terrorist, what does though is that the Constitution requires a warrant.
As such, Apple is in the wrong as well as they cannot outright refuse
either. If the Government produces a warrant, then Apple must comply with
the order, but only for that specific phone. If a warrant is issued that
goes beyond the phone in question, or demands access through a back door, then
that warrant will not hold up in court as warrants must be narrow in focus with
respect to what can be searched, and or who can be arrested and what evidence
seized during that arrest. Our Constitution covers this people and Apple
and the government are both being idiots in my humble opinion.
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