Tuesday, October 27, 2015

DOJ Claims Apple Should Be Forced To Decrypt iPhones Because Apple, Not Customers, 'Own' iOS

Then Apple should remove the encryption capability, release it to the public domain and allow third parties to develop the tools for citizens the use it on their iPhones.

The DOJ's argument is this: we've used these orders before to force Apple to unlock phones. Why should this one be any different? The filing cites three other cases in which the FBI used an All Writs order to compel the unlocking of an iPhone. Pointing to these, the DOJ argues that past successes should be indicative of future results, despite Judge Orenstein's assertions that the use of these orders grants powers to the FBI that haven't been given to it by Congress.

The filing also challenges Apple's assertions about the burdensomeness of the request. The government says Apple makes $100 million per day in profit. How can the unlocking of one phone -- no matter how many man hours might go towards testimony and cross-examination -- even begin to make a dent in this pile of money?
That argument regarding the profit....that is the slippery slope...

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