By Dick Miller
WE.CONNECT.DOTS: The FBI wants access to a cell phone used by a domestic terrorist. The phone is Apple’s latest reason why it’s the world’s richest corporation.
Privacy is very encrypted, making access by anyone other than the user literally impossible.
The FBI wants Apple to develop software that will allow access to the phone’s contents. The user is dead, killed in battle with police after he and his wife murdered 14 and wounded another 22 last December 2.
The San Bernardino, CA massacre is the worst domestic terrorist assault since 9-11.
Apple has until Friday to comply with a court order.
The issue has enormous consequences, but presidential aspirants’ cage rattling will not be at the same level as immigration, tax reform and terrorism in general have drawn.
For the FBI, penetration of the cell phone has become a stumbling block in its investigation of the shooting. A husband-wife team, radicalized possibly within the last two years, entered a holiday work party and began shooting. Husband was employed at the same public agency holding the party.
Later police gunned down both assailants. An intense investigation began to discover if the event was linked to other assaults (past or forthcoming) and if the couple was part of a larger group.
Personal cell phones of the assailants were recovered intact and examined. The iPhone at the center of the dispute was owned by the agency, but used by the male mass murderer.
The latest version fueling Apple’s success, this iPhone has the tightest encryption ever invented. In fact, even Apple cannot decrypt this cell phone, appeasing – if not outright exciting – privacy enthusiasts.
When Apple launched this iPhone in 2014, executives knew that guaranteed privacy would drive sales. Privacy became a hallmark of marketing.
Now the FBI is demanding Apple develop software that will decrypt this cell phone.
This dispute not only is the first government challenge of the new software, but also the initial incident to conflict with what was established in a top secret White House meeting last fall. At that time the Obama administration decided to forego privacy in the interests of national security and safety.
Apple admits the decrypting software will jeopardize sales but also vigorously defends rights of those who value privacy. As an added wrinkle, Apple contends the software – once developed for the FBI — cannot be limited to use on one cell phone.
Apple claims there is high probability the new software will be leaked, stolen or discovered. Falling into the wrong hands, the decryption software could result in a foreign interest’s invasion of our security.
When Apple balked at the FBI order, the government filed suit in Federal court under the obscure “All Writs Act” dating back to 1789. FBI contends Apple cannot pick and choose which Federal directives they will comply with. FBI claims Apple has cooperated on at least 70 similar past requests.
Given the resources and commitment of both FBI and Apple, the case will ultimately come before the U.S. Supreme Court. Both sides and Congress are concerned that SCOTUS will still only have eight members. Justice Antonin Scalia died recently and a lengthy appointment process is ahead.
A 4-4 decision would retain the judicial verdict at the last lower level. Currently a Federal magistrate has ordered Apple to comply and the company is appealing.
Congress may attempt to develop new legislation that would bring this issue to conclusion sooner. This is one time Congress and President Obama would have to be on the same page.
Bottom Line: In a more rational presidential year the developing legal brouhaha between Apple and the FBI over privacy would capture bigger headlines.
Then again, the issue itself is a product of irrational times.
What Dick Miller did not mention was Apple’s contention that by setting the precedent of allowing the United States to access stored materials on these phones, other countries – especially China and Russia – could reasonably demand the same. China is Apple’s second largest customer as well as it largest supplier. Apple would almost certainly have to comply. Is that what we want?
Robert Field
If the Government is able to tell Apple to weaken its own software while the FBI is working on its own encryption, what else can it tell any corporation to do. This is a bad and quite dangerous precedent. If we the people let the Obama Justice Dept get away with this one, we’ll be no different than China and Russia.