Wednesday, March 9, 2016

Apple Versus the Government.

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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