Apple And The FBI Analysis

Improved Essays
Show More
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

Related Documents

  • Decent Essays

    Pros And Cons Of Hacking
    • 434 Words
    • 2 Pages

    Pros And Cons Of Hacking

    I am going to take about how apple had wanted to refuse to unlock a app phone. But the FBI says that they need to unlock the phos so that they can know of there is going to be a fucher attack. But App says they will not because they had already unlock about nine phone. But the FbI had say “that there can be a fucher russon attack”.…

    • 434 Words
    • 2 Pages
    Decent Essays
    Read More
  • Superior Essays

    All Writs Act Case Study
    • 1295 Words
    • 6 Pages

    All Writs Act Case Study

    “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…

    • 1295 Words
    • 6 Pages
    Superior Essays
    Read More
  • Decent Essays

    Apple: The Power Of Honesty
    • 157 Words
    • 1 Pages

    Apple: The Power Of Honesty

    Apple proves that being secretive holds power. The success of using the tactic of withholding information from consumers has been proven time and time again to phenomenally increase sales each time their product hits the stores (Kinicki & Williams, 2013). Whenever Apple comes out with new product people are filled with a strong desire to want to know what was made they scramble to stores to buy its latest gadget (Eadicicco, 2014). The power of secrecy is a good marketing strategy for Apple; they do not spend vast amounts of money like its competitors did on advertising. The business strategy's goal was to create mystery about their product line which results in massive crowds at retail stores and the end results equals high profits for Apple.…

    • 157 Words
    • 1 Pages
    Decent Essays
    Read More
  • Superior Essays

    Domestic Surveillance Research Paper
    • 1880 Words
    • 8 Pages

    Domestic Surveillance Research Paper

    Resolved: The United States federal government should substantially curtail its domestic surveillance. Plan: The government will curtail its surveillance by only viewing collected data by means of a warrant. Intro-After the NSA reported their first transparency avowal, the publisher Omicron Technology Limited stated, “The report said 19,212 "national security letters"—administrative subpoenas that allow the FBI to collect information without a warrant—were issued last year, containing 38,832 requests for information.” These unwarranted leaks are why this problem needs to be solved. That is why we stand resolved that “The United States federal government should substantially curtain its domestic surveillance.…

    • 1880 Words
    • 8 Pages
    Superior Essays
    Read More
  • Improved Essays

    Nelson And Rubio Essay
    • 629 Words
    • 3 Pages

    Nelson And Rubio Essay

    Dear Senators Bill Nelson and Marco Rubio, It has been brought to my attention that the Government has access to surveillance systems that can monitor our phone calls, text messages, emails and etc if needed. I agree that the government should have this right, but I believe there must be some strict guidelines placed in order to ensure the personal privacy of citizens. While discussing this topic, it may seem scary to think as a citizen, that everything in our personal lives isn’t as private as we imagined it to be. But, the questions we all seem to ask ourselves about this issue is, “Why is all of our information so important to the government anyways?” or, “I haven’t done anything wrong, so why would they need to look at my texts or listen to my phone calls?”, and last but not least, “How is this legal?…

    • 629 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    The Fourth Amendment: Search And Seizure
    • 1215 Words
    • 5 Pages

    The Fourth Amendment: Search And Seizure

    The Fourth Amendment: Search and Seizure In the Fourth Amendment, it states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated” (Cornell University of Law). The Fourth Amendment states its main idea in this statement and through it American citizens and their belongings and records are protected from surveillance, searches, and seizures. However, in today’s digital world government officials have used what could be called an unconstitutional approach to the Fourth Amendment, causing them to monitor phone conversations. There have also been instances where personal records have been gained by law enforcement without any relevant reason.…

    • 1215 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Consent: The Fourth Amendment
    • 1746 Words
    • 7 Pages

    Consent: The Fourth Amendment

    The Fourth Amendment grants property rights to citizens against unreasonable searches and seizures. Consent is one of the most frequently used exceptions to the Fourth Amendment. Determining if a person has the authority to grant consent is an issue unique to computers. Today, technology enables multiple users to log on to a computer using multiple passwords and profiles and create multiple accounts and screen names. A password is analogous to a key that can be used to open a locked container.…

    • 1746 Words
    • 7 Pages
    Improved Essays
    Read More
  • Superior Essays

    Fourth Amendment Right To Privacy
    • 544 Words
    • 3 Pages

    Fourth Amendment Right To Privacy

    On June 6th, 2013 The Guardian and the Washington Post revealed the fact that the NSA had access to customer information on Apple, Microsoft, and Google computer products. The information obtained by the NSA was allegedly used to prevent any terrorist actions. However, the NSA has “[built] up a store of information on millions of US citizens, regardless of whether or not they are ‘persons of interest’ to the agency” (Brown). Although terrorist plots are a legitimate threat to America, the U.S government has overstepped its boundaries by violating the citizen’s of America’s fourth amendment right to privacy.…

    • 544 Words
    • 3 Pages
    Superior Essays
    Read More
  • Decent Essays

    The Importance Of The Fourth Amendment
    • 130 Words
    • 1 Pages

    The Importance Of The Fourth Amendment

    The Fourth Amendment is comprehensive and highly valued by American citizens and reflects the framers belief that the government should not be allowed to interfere in some aspects of a citizen’s life. The Fourth Amendment clearly protects a person’s home and personal property, but their electronic communications are less defined and protected under current law. When the Constitution was written, paper records were all that existed and these were protected; electronic records should qualify equally and be considered the same as “papers and effects.”…

    • 130 Words
    • 1 Pages
    Decent Essays
    Read More
  • Improved Essays

    Fourth Amendment Debate
    • 1538 Words
    • 7 Pages

    Fourth Amendment Debate

    The topic of constitutional rights has long been a hot button that brings out fierce opinions and conflict. One specific topic that draws more attention than the others is the fourth amendment, or the protection from illegal search and seizure. This protection is fiercely enforced in the physical realm, but is grossly overlooked and abused in the digital by means of hacking and data collection requests. One instance of this is the longstanding practice of data turnover orders by the government towards companies such as Microsoft and Apple. On April 14, 2016 Microsoft filed suit due to the fact that “Over the past 18 months, the U.S. government has required that we maintain secrecy regarding 2,576 legal demands” (blog.microsoft.com)…

    • 1538 Words
    • 7 Pages
    Improved Essays
    Read More
  • Improved Essays

    The Patriot Act
    • 596 Words
    • 3 Pages

    The Patriot Act

    A current court case is Doe v. Holder. This case challenges the constitutionality of someone authorizing the FBI to look at everyone’s records in secret without judicial supervision, including internet service providers and phone companies. The Patriot Act permitted the FBI to send national security letters to phone and internet companies along with libraries, banks, and many other businesses asking for the customer’s private information. On September 28, 2004, Judge Victor Marrero of the Southern District of New York took down the national security letter statute. Marrero said that the FBI’s application required a “compulsory secret, and was not a reviewable product of the information” because it violated the fourth…

    • 596 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Apple Unlocking Farooq Case Study
    • 701 Words
    • 3 Pages

    Apple Unlocking Farooq Case Study

    Also, the Apple’s privacy argument is all about safeguarding the public safety of all the good people using their products. On the other hand, the Government’s national security argument is that, the true culprits of the San Bernandino case could be brought be caught and brought into light. Explanation:…

    • 701 Words
    • 3 Pages
    Improved Essays
    Read More
  • Great Essays

    Why Privacy Matters
    • 1428 Words
    • 6 Pages

    Why Privacy Matters

    Assignment Submitted By Yours Name here Submitted To Yours Instructor Name here To Meet the Needs of the Course Nov., 2015. For this rhetorical analysis task, I have selected the article which is titles as Why Privacy Matters Even if You Have Nothing to Hide, written by Daniel J. Solove.…

    • 1428 Words
    • 6 Pages
    Great Essays
    Read More
  • Great Essays

    To The Iphone An Ethical Dilemma Analysis
    • 1298 Words
    • 6 Pages

    To The Iphone An Ethical Dilemma Analysis

    Introduction This article, Building A “Backdoor” To The iPhone: An Ethical Dilemma, discusses Tim Cook, CEO of Apple, ethical dilemma to safeguard its customer’s trust and digital privacy or assist the U.S. government and the Federal Bureau of Investigation (FBI) to gain access to an iPhone device used by a terrorist to commit a heinous crime against society in the city of San Bernardino, California. In addition, evaluate methods in which managers with power and responsibilities characterized by Badaracco, an ethics professor at Harvard University, as the “dirty-hands problem” and the “right-versus-right” difficulties where “the moral dilemmas of management are, at bottom, clashes among different, conflicting moralities, among very different…

    • 1298 Words
    • 6 Pages
    Great Essays
    Read More
  • Improved Essays

    Tim Cook's Three Major Dilemmas
    • 949 Words
    • 4 Pages

    Tim Cook's Three Major Dilemmas

    The three major dilemmas that Tim Cook faced were the following: national security vs customer privacy, ability vs action, and the Four Spheres of Manager’s Commitment. The most concrete dilemma that Tim Cook faced was whether National Security or customer privacy was more important compared to the other. On the one hand, people were using the company’s products to organize and conduct crime that put many others in harm. On the other hand, the company always claimed to be a product of the people and a trustworthy provider. Cook realized that there may be people’s lives at stake; whether it be an attack like 9/11 or an attack like Riverside or even one with “only” one casualty, there was a presence of national endangerment.…

    • 949 Words
    • 4 Pages
    Improved Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings