Apple And The FBI Analysis

874 Words 4 Pages

The feud between Apple and the FBI has received a substantial amount of media coverage lately. The legal arguments for each side appear to be equally laudable, which impelled investigate on my own. I decided to explore the question of whether or not Apple should produce a back-door to assist in the FBI’s investigation. The FBI, which initiated the debate, argued that Apple has to comply citing the All Writs Act of 1789. Apple refuses to comply stating that if the back-door was to be produced and fell into the wrong hand the nations privacy rights would be out risk. While the issue seems to be very compartmentalized it has national implications. The Apple and FBI feud represents the larger conflict of the clash between the necessary and proper …show more content…
I found that the FBI was arguing for the creation of a backdoor under the umbrella of the All Writs Act of 1789. The FBI referenced the act to have the California court system issue a writ to have Apple assist in the investigation, which later occurred. A writ, in legal terms, is a document from a court ordering someone to do something or not to do something, this was of course used to demand the creation of a back-door for the FBI. The specific passage that was argued in the court states “The Thirteenth section of the Judiciary Act of 1789 authorized the circuit courts to issue writs of prohibition to the district courts and the Supreme Court to issue such writs to the circuit courts” (Article III – All Writs Act of 1789). This seemed pretty compelling, the court had examined the FBI’s request, deemed it constitutional, and then issued a writ to Apple. However, no matter how compelling I do think that this argument is weak and so did Apple. The All Writs Act of 1789 was created over 225 years ago and is too far removed from this situation to provide any valid insight. This idea was brought up in Tim Cook’s response to the writ. The debate between the FBI and Apple has to be put into the context of 1789 for Apple’s rebuttal to make any sense. If in 1789 the theoretical FBI was to ask the court to issue a writ to a particular lock making company to create a master key that could …show more content…
I understand that Apple can refuse to comply, but can they legally do that? Can a writ be refused without punishment and then reissued? I would like to see how this plays out. The sources that I have examined only reaffirm my support of privacy rights. The debate between the FBI and Apple has national implication and needs to be solved properly, if the case is argued ignorantly it could set the precedent for numerous following

The FBI And The First Amendment

The previous judges in the cases have expressed that code can be considered a form of speech. What the FBI wants Apple to do is write a new code, which is considered a form of speech. It violates the First Amendment rights as forcing speech and going against Apples interests. Gross also continues by saying that Apple is also arguing that this should not be forced upon them because the FBI has not proven that useful information will be found on the phone, it has only been speculated. According to Gross, “The Fifth Amendment protects U.S. residents against the government taking away their liberty” (Gross).…

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The Importance Of Terrorist Attacks

The FBI is not trying to put Apple Company at stake. They said it’s about making sure Americans aren’t in jeopardy, about fighting terrorists who are using increasingly sophisticated communication tools, and about a reasonable request to gain evidence from a single iPhone. (Hollister) If the FBI could get into this phone it could give insight on other possible attacks that could be coming or even past attacks. If the couple was plotting this attack with other foreigners the FBI would know exactly who to target. Federal agents don’t know the passcode to the phone and their running the risk of erasing all the data.…

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The Importance Of Security And The Freedom Of Our Privacy

Yet, being indistinct they were denied the support they requested. To gain access, the FBI would have to decrypt the system of the device without causing the evidence to self-destruct. Without having their way to access the data of the enemy, the FBI decided to force Apple through the courts. If granted the permission to dominate Apple, every technological resource would be in jeopardy not only to the FBI but hackers, terrorist groups, rival countries, and ect. Confidential information could become universal information, and secrets will become known.…

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The Olmstead Case Study

[11] If customers find out about this sabotage they will stop updating their phone and either way the customer lose because they become prone to attacks with outdated protection. If Apple reputation takes a hit, customers who rely on Apple for security and privacy will choose to buy phones outside the country because foreign phone companies are not mandated to follow America’s courts or laws. [12] [13] In essence, The FBI will financially harm Apple’s business by helping boost sales for smart phone providers outside the U.S. This act will not only cost Apple billions, but has the potential to destroy the economic security of the tech sector for American companies. [14] Therefore, Apple should not comply with the warrant because the company is not a public utility working to serve the public interest.…

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Pandora's Box Of Cyberspace Case Study

Apple was resilient against the federal government for the protection of their users. The FBI unlawful overstepped boundaries as a government official. Vivek Wadhwa was quoted in “Apple-FBI battle over San Bernardino terror attack investigation: All the details” saying “Apple is obstructing law enforcement’s [investigation] and effectively aiding terrorists [since] they changed [their] technology” to purposely limit the access of the FBI. Apple has the right to change their intellectual property. Apple was enhancing their security to meet the growing demands of their users and to protect their information.…

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The Importance Of Technology In Security

Honestly, we are able to have a say to it. Apple should give into the FBI and should not to the government’s orders to break into their own devices. Apple is representing us as citizens, so they should help the citizens and decline assisting the FBI. Apple as a business should guarantee the safety and privacy of users information because it is confidential and should not be released without users’ permission. The government wielding too much power in that way would make way for a lot of potential abuse cases, especially when it comes down to accusing someone of being a terrorist and having their private information released just to see whether or not it is true.…

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The Importance Of Computer Security

To investigate these cases without smartphone data is to proceed with one hand tied behind our backs. The new encryption policies of Apple and Google have made it harder to protect people from crime. We support the privacy rights of individuals. But in the absence of cooperation from Apple and Google, regulators and lawmakers in our nations must now find an appropriate balance between the marginal benefits of full-disk encryption and the need for local law enforcement to solve and prosecute crimes. The safety of our communities depends on…

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The Importance Of Privacy In The Olmstead Case

Apple’s Tim Cook says once the key is created anyone with that knowledge can defeat the encryption. The government is asking Apple to create backdoor encryption software for only this phone. But what happens when the government needs help again, and this request become the norm. Eventually, the government technical team will figure out the software used for decryption, duplicate this software, and then have access to all Apple devices. All law enforcement agencies throughout America will receive this information.…

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Apple Vs The FBI Case Study

Should the government be allowed to force a company to unlock its secrets? Apple should not have to give the FBI access to their secrets because it opens a backdoor for hackers. These Apple vs the FBI cases are subjective realities because what we believe in alters our perception of the nature of things. The FBI says that they are fighting for safety and that if we want them to protect us we have to give up some of our rights to privacy. They want to decide how much we give and to whom we are giving it to.…

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Cyber Security Case Study

He believes that if they can abuse the All Writs Act they will abuse this software they are asking to be made and if they can make other companies create the same thing then they will also abuse that. The All Writs Act is a 227 year old law that states “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” which basically says that gives the Supreme Court the ability to force someone to do something which apple refused to hopefully protect the future of cybersecurity and their customers(Richards, et al.). Apple is arguing that they are misusing this act because it was made before technology and to subside as a warrant basically(Limer). There is also the fear that the government will abuse this power to keep surveillance on technology in america to “prevent further attacks” but it also could scare and affect other law-abiding americans. We are a democracy which loosely means we all have a say in something and Apple users don’t.…

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Apple And The FBI Analysis

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