All Writs Act Case Study

Superior Essays
On December 2, 2015, 14 people lost their lives and 22 people were injured when a terrorist attack occurred in San Bernardino. Both shooters were killed on the scene during a police shootout. However, one of the shooter’s iPhone was found on the scene of the crime. Up until now, the FBI has been working closely with Apple to help gain information from the iPhone that was needed to help insure national security. However, recently the FBI wanted Apple to create a new form of IOS, Apple’s operating system, that would allow for the FBI to input a passcode electronically and deactivate the limited amount of times you can put in a passcode before you are forced to wait a set time period. The FBI has gotten a warrant for Apple to unlock the iPhone, …show more content…
Even though the FBI has gained access to the phone’s data, Apple may change the software code and thus requiring the FBI to ask for Apple’s help in the future. Using the All Writs Act, even in the future to get access to future phones is dangerous. It creates a precedent that the government can justify doing anything to get access to data in the justification of needing to solve a crime. This precedent could eventually lead to the FBI being able to have access to your house without a warrant, just because they want information in the moment. A more direct result of the precedent would allow for the FBI to have access to all data, and force companies to install backdoors and weakness in their systems to allow the FBI to have access to that data. “It’s a huge ballooning of the scope of the AWA, and it sets a precedent for allowing the government to force Apple or other companies to modify their systems to allow access to your private data” (Panzario). With this precedent, not only will the government be able to force companies to create weakness in their software to allow the government to access, but also allow the government to get warrants for data even if it’s not necessary to help the investigation. Creating this could lead to a society where the …show more content…
Even though the FBI has gotten data off of the cell phone, Apple will increase the encryption and implement new security features to prevent the FBI from accessing data on any iPhone. Apple has said multiple times that it cares greatly for the customers security, and some speculate that Apple may even make their operating system encrypted, meaning no-one, even Apple, could have gained access to the information on the iPhone. “Apple has made great efforts to remove from the equation by making it impossible for them to decrypt customer data even if requests were made” (Panzarino). Since Apple has done this in the past, there is great reasoning that Apple may do this again in the future. There is great debate in this as well. If Apple goes through with this, nobody will be able to have access to data on any iPhone, no matter what the circumstance is. If this happens, a national security threat may occur and the FBI would not have any access to the data that they needed. The only way to prevent this from happening is not to force Apple to create a weakness within their software, in which Apple will not have to respond with encrypting their operating

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