The Legal Battle Between Apple And The Fbi

The events of the San Bernardino shooting were a tragedy. 14 people were killed, and another 22 were injured when a married terrorist couple staged an attack on a Christmas party. This was an unmitigated catastrophe, but it spawned one of the most important security debates in recent memory. The FBI wanted to unlock one of the suspects phones, but were unable to do so because of security measures on the phone. The FBI wanted to brute force the password lock on the iPhone, but device would wipe itself after 10 failed attempts to unlock the iPhone. Thus, the FBI asked Apple to create an intentionally insecure iOS update, specifically for this iPhone, in order to bypass the security restrictions. Apple disagreed with the FBI, and tried to avoid helping the FBI in such a way, arguing it would undermine the purpose of security itself. Overall, Apple has the best argument, both legally and as a matter of public policy.

In December of 2015, 14 people were killed and more than 20 people were injured in one of California’s most deadly shootings in recent history. A couple, Syed Rizwan Farook and Tashfeen Malik, opened fire in a conference center in San Bernardino. The two were later killed in a shootout with the police. Their case didn’t end there. The FBI searched their house, in which they found much evidence to back that this was a terrorist plot. But a crucial piece of evidence which they found was Syed Farook’s iPhone 5C. In today’s society, phones contain more information about ourselves than even we can remember. Emails, messages, notes, bank details and much more can be found on our phone. So when the FBI was able to get hold of Farook’s phone, they were more than content. But there was one more hurdle in front of them: encryption. Since we have so much information on our devices today, we have to have some form of protection against people who want to steal our personal information, scammers hackers and many. Apple has done this by encrypting almost every piece of user’s private information on their devices. The FBI wants a way around this encryption so that they can retrieve important information on Farook’s iPhone. They want Apple to create a shortcut that would allow them to bypass all of the security on Farook’s phone, but Apple is refusing saying that they want to protect their user’s privacy. Is the FBI forcing Apple to create a

Mr. Cook confirmed, in the interview with David Muir, that there is indeed a precedent, “Millions of Americans had their credit card information stolen last year [...] the smartphone that you carry probably has more information about you than any other devices, so millions customers could get hurt.” On the other hand, the FBI is proposing the All Writs Act of 1789 to justify an expansion of its authority. Based on “Legal Information Institute” from Cornell University of Law School, the All Writs Act means “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” If the government can demand Apple to unlock a customer’s iPhone using the All Writs Act, it would have the power to authorize Apple to build surveillance software to intercept private conversations, and even access health records without an individual’s knowledge. Apple does not only care about privacy, but also about public safety. Apple has provided the FBI all the information on the phone that it could early in the investigation; they also suggested that the FBI connect the phone to a familiar network so the phone would be able to backup to iCloud. However, the FBI directed the county to reset the iCloud password, which inhibits the phone to backup any information to the iCloud. If one of the hackers knew what the new software could do, he or she could easily hack into anyone’s phone. Although Mr. Cook found out about the lawsuit through the media rather than personally, he mentioned that Apple is still doing everything to help the FBI in different ways to find more information on Farook’s

The real question here is, What kind of world do you want to live in? According to an article in Fortune Magazine one person said, “The Federal Bureau Of Investigation is creating a world where citizens rely on Apple to defend their rights, rather than the other way around.” A world where national security trumps personal privacy or would you rather live in a world where we have both national security and personal privacy. Amy Goodman from Democracy Now said in a segment, “In December, Farook and his wife killed 14 and injured 22 others in San Bernardino. The two were killed in a shootout with police.” The issue is that the agency has been unsuccessful in accessing the data in the phone, an iPhone 5C. We all remember when more than 100 A-listers were targeted in a colossal hack and Apple was under fire for “breaches” in the cloud. This was iOS 7 and the hackers targeted individual accounts. Since then Apple has released iOS 8 and iOS 9. Any device running iOS 8 or later has built-in security measures such as encrypted data tied to your passcode, push notifications when someone tries to restore your iCloud data on a different device, tries to change your iCloud password instead of an email as well as an auto-erase feature that erases all data on the photo when there 10 incorrect passcode tries and a delay between passcode tries. Therefore, the FBI cannot enter the iPhone’s data by brute force. The FBI believes that there might be some important

Nobody likes anyone going through their belongings; however, the FBI (The Federal Bureau of Investigation) was trying to force Apple to go through somebody’s phone. A phone is very important to a person, it is like somebody going through your bag, house, or anything you own. The FBI should have sued the Apple corporation, because the Apple corporation has it’s right to decline the obtainability to enter into citizens private information, it is violating human rights.

tried to build a new version of iOS, it would not have Apple’s encryption key to verify it. Apple has stated that the F.B.I. could ask Verizon the network Mr. Farook’s phone was under that could be used to give the F.B.I. more information that was on the phone.The government also could ask for information from the app makers who created some of the apps that were on Mr. Farook’s phone.But Apple had said that the F.B.I. probably had already done that.Apple is most worried about is all the request that the F.B.I. could potentially ask for in the future.So the real question here is how far can the law officials go in forcing a third party to help in surveillance?Apple had said that they will continue to help law officials with their cases as they have always done and we will continue to whenever the information from their products can help and as the threats and attacks on our nation become more common and more complex. This case has raised issues which deserve a national talk about our civil liberties, and our collective security and privacy.Given how common smartphones and tablets are just means that problems with technology won’t ever smaller or

If Apple were to attempt to crack their own software, they would probably be able to do it in less time than a government agency. With Apple collaborating with all the parties it makes them look like the “good guys”, and may also give good publicity to Apple. It is a double edged sword, on one hand you may be protecting the lives of many innocent civilians, on the other hand you are risking losing your valued customers because of huge business decision. I understand Apple wants to stand their ground, they want to prove to their customer they have the best security, but at what cost are they willing to go. The case in which Jen Feng is being looked at is very different than the San Bernardino shooting case. Drug dealers who are dealing a highly addictive, deadly drug like Jun Feng should be punished. But, when it comes to the safety of not just a country but the world as a whole there lies an issue. With the scenario with Feng, if it was a corner dealer there is no point cracking into his phone. If you give that dealer a plea deal he may take, giving law enforcement a name they are looking for. However, if the FBI or local law enforcement were to arrest a high level drug dealer, searching their phone may become very beneficial and helpful. Ending the war on drugs is something society as always worked in, if it means Apple works with law enforcement I think that is reasonable. What if on Farook’s phone were more plans of terrorist attacks that were meant to be carried out? If, Apple helped crack their security we would not have to see innocent lives being taken away. The Brussels terrorist attack happened in March of 2016, if they knew about the attack through their phones, maybe they could have been prevented. Innocent lives would not have been taken, hundreds of people would have not been injured living the rest of their lives with

Apple has satisfied the warrant issued by the government to the best of their ability. There is an implied social contract between citizens of the United States that living in a liberal democracy; one must give up some freedoms for the public safety of all. However, the FBI is asking for the exact opposite from Apple by asking them to give up the freedom of one iPhone that can potentially harm the freedom of millions of iPhones. The magistrate on behalf of the federal government issued a warrant on Apple to give up the data stored on an iPhone by hacking into the iPhone of the San Bernardino shooter. Case law is on the government side with Smith v. Maryland, which there is no expectation of privacy for information given to third parties. The courts have issued warrants on third parties before, and the data contained by these third parties had to be turned over. But Apple does not have the data the government is looking for, and the government knows this. The government is trying to force Apple to create software to get into iPhone. The warrant to search the phone is valid, the government has the phone, there is no prohibition from searching the phone, and Apple is not holding data from the phone. The warrant has been satisfied. The shooter no longer has an expectation of privacy. However, all other Apple iPhones and product user besides the San Bernardino shooter does have a reasonable expectation of privacy. And that is why Apple never created a decryption key for their

Eventually the court ordered for it to happened, but the Apple kept its same stance. The feud between corporations and a government is a human issue that pertains to anyone who values privacy and inalienable rights. Many argue that giving up privacy for secret is not worth it. After Brussel Attacks, citizens are angry that they are given up privacy, but their governments have not been successful in combating terrorism.These initiative are a direct violation to the Fourth Amendment which states “Right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, hall not be violated, and no Warrants shall issue, but upon probable cause” In order to search a person there has to a probable cause to do so. The Federal government is violating this statement by invading privacy. I began to do research on the topic, and found an interesting video where an adjacent professor at Seton Hall Law, Judge Andrew Napolitano, the Fourth Amendment was created to “protect the quintessential American right of the right to be left alone”. By the FBI intervening with the software, it goes against constitutional, privacy and human rights. All the spying has been unsuccessful, because the United States continue to have attacks on the homeland. A Recent example would be the Boston Marathon bombing where hundreds were injured after the fatality. Additionally, according to a recent report from a digital analytics firm comScore reveals that of the 184 million Americans owning a smartphone, more than 4 in 10 use and iPhone. For this reason, this issue pertains to all of us. This is an issue who should concern anyone with a cell phone, laptop and etc. To a certain extent I agree with Edward Snowden that the American people should be allowed to decide whether or not they approve of these government actions. Apple should preserve our

It could be used over and over again, on any number devices. It would be the equivalent of a master key, capable of opening hundreds of millions of locks — from restaurants and banks to stores and etc. No person with a reasonable excuse would find it acceptable. The FBI, the Justice Department,and Magistrate Judge Sheri Pym of the Federal District Court for the District of Central California seemed to think it made perfect sense. In their unbalanced view of security vs. liberty, the surveillance hawks always lean toward promising security, even though they fail to deliver information that they have promised. The iPhone at the center of the FBI’s PR and legal war against Apple was not even Farook’s primary mobile phone. He had a personal phone which he destroyed before he and his wife went on their ISIS. since the 9/11 terrorist attacks majorities of adults favor a protection first to approach these issues.people have became more and more protective of what they do.they protect their kids with phones that have gps stored inside

While the stated intentions of the FBI are well meant, the backlash from the public suggests that both Apple and the people are concerned about violations of privacy. While the FBI claims to want the access just to search the suspects’ phones, it is believed that they could then use that information to hack into others. Another current news event that is putting the government in a negative light is the coverage of the upcoming elections. Because most of the coverage tends to be negative, candidates involved in the current campaign as well as current politicians are being cast in a less than favorable light, and at this point many people are having a difficult time deciding which candidate to vote

I strongly believe that Apple is doing the ethical thing of not allowing the FBI to change their OS from what it is because it goes against people’s right to privacy. Yes, the intent is to protect against terrorism, but in reality, humans go too far when they have the ability to gain knowledge on something they are interested in. To elaborate, without

In today’s society, technology has become one of the most used and most sought after developments of the millennium. In a recent case the FBI petitioned for Apple to unlock the phone of Syed Farook, the man responsible for shooting and killing 14 people in San Bernardino, California. The FBI believed Apple should create a new software that would not erase the data from iPhones after ten failed attempts to unlock the phone. Apple replied that they had a responsibility and an obligation to protect the privacy of their customers. Supporters of Apple 's response have argued, creating a new software was not a wise decision. In the past, government agencies have been known for their abuse of power. Had Apple chosen to create a master key for this particular case, there would be no limit to government invasion of privacy. In the end Apple could have potentially lost costumers by changing the protection of their cellular products. The issue has already been raised that creating software to access one locked device could potentially open the door for hackers to invade millions of other people’s devices. I agree that Apple should not create a new software to unlock the phone because once a master lock is created there are no limitations to who or how the coding can be used.

Professor Landau stressed that the issue at hand is one of “security vs security, not security vs privacy” and that forcing Apple to comply with the FBI would be a security mistake. She said that doing so will make Apple’s products the target of organized crime.

The recent case between the FBI and Apple brought a worldwide ethical dilemma into the public eye, and it could have detrimental effects to the entire tech industry. The FBI wanted Apple to create backdoor access to encrypted data on one of San Bernardino shooter’s iPhones, and Apple refused just as many other large tech companies such as Amazon and Microsoft are doing nowadays. This situation creates the ethical dilemma of whether the government should have complete access to all encrypted data, and how consumers will react knowing their private data is not actually private.