Fbi Vs Apple Security Essay

Improved Essays
The semantics of the issue are the driving force behind the dispute between Apple and the FBI. One of Apple’s primary security features on their iPhones is the random, embedded encryption key that is generated at the time of production. This allows users to only have the ability to access their phones with the correct pin and encryption key combination. If the pin is entered more than ten times, the encryption key is erased, and even Apple claims to have no way to recover the data on the locked phone. The FBI wanted Apple to change this feature, so they can use traditional methods of trying many different access codes until the right combination is entered to access the phone (Michael). Essentially, the FBI wants a different operating system …show more content…
The fourth amendment to the U.S. Constitution states that the people have “the right… to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…” (“The Constitution of the United States”). In modern cases with the emergence of a technologically driven society, courts have adopted this for personal data as well. Additionally, U.S. intelligence agencies have to go through the United States Foreign Intelligence Surveillance Court to get permission to conduct surveillance on American citizens, and the judges cannot give permission to the agency unless it has probable cause that the American citizen in question is involved in espionage or terrorism. Therefore, the FBI would not be using the software to access iPhones unless it has probable cause that the person in question is a danger to other American citizens. While the FBI has stated they will not use the software again, it would make it substantially easier to gain information on other terrorists if this FBI v Apple case already set a precedent on how to handle these situations, allowing the FBI to be more efficient in their primary goal of protecting the United

Related Documents

  • Decent Essays

    The FBI Takes a Bite Out of Apple Imagine someone taking your phone and invading all your personal information. Thats was the Federal Bureau of Investigation (FBI) wanted to do to Syed Farook. Syed Farook is a gunman who killed 14 people. The FBI wanted Apple to write a new software so they could unlock Farook´s phone.…

    • 306 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    4th Amendment Case Study

    • 276 Words
    • 2 Pages

    The FBI has been trying to hack Syed Farook’s iPhone but Apple would not allow them due to the 4th amendment. “Basic American rights were at stake, and the purpose of the law is to protect people’s rights” (Tribune News Service). That information shows how the FBI would be going against one of the rights listed in the constitution. Furthermore, customers could have…

    • 276 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    If the FBI were to receive a way to access this private information, it will be like we are giving a hacker, or a criminal, a password to all devices. In the article Apple states “Building…

    • 325 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The argument made by David Morris in FBI Will Help Local Police Unlock iPhones is that now that the FBI has the ability to crack into the data stored on iPhones, the agency will utilize this capability in many situations, including local law enforcement cases and federal counter-terrorism cases. More specifically, Morris argues that there will be an increased number of iPhones that are broken into in order to investigate crimes. He writes, “The agency has since unlocked other phones, and, CBS reports, now ‘owns the proprietary rights’ to its unlocking method.” In this passage, Morris suggests that this technique will become a common tactic in law enforcement, and Apple, while improving the security of their products, has to take the government’s…

    • 330 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Apple Vs Fbi Essay

    • 521 Words
    • 3 Pages

    To add on, the FBI is only asking to break into one phone and for a very strong reason, with a warrant from the court and lots of support from high authorities and many american citizens. Imagine if, Apple does not comply with the FBI’s askings then this could lead to not being able to prevent a terrorist attack and for an example another shooting or 9/11 could…

    • 521 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Patriot Act Research Paper

    • 1000 Words
    • 4 Pages

    In relationship to the Bill of Rights, the fourth amendment explains how citizens have the right from random searches and seizures and how people should be safe in their own homes. People shouldn’t have to worry about someone watching or listing their conversations especially if they haven’t done anything wrong. The FBI can ask the Internet services for permission to view a person’s log of websites and from a person’s incoming and outgoing emails and call logs from a computer to…

    • 1000 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Americans had experienced this privacy invasion with the British many times. Before the revolution, British claimed the authority to issue Writs of Assistance allowing officials to enter private homes in search for evidence of smuggling. Writs of Assistance never expired and were transferable. The federalists violate the fourth amendment on a daily basis. When federal agency collects our electric data, emails, phone calls, and other private information, that violates this amendment, if they don’t have a legitimate reason.…

    • 590 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    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
  • Superior Essays

    The surveillance program is effective with preventing terrorist attacks, but this violates the Fourth Amendment right because they are collecting data from everywhere and everyone around the country. According to the News Team staff of cfr.org people are starting to revolt against these outraeous and unlawful actions. Judge Richard J. Leon said “ surely such a program infringes that degree of privacy, that our founding fathers enshrined in the Fourth Amendment” (www.cfr.org). After, the exposure of the NSA in the mid-2013 American citizens have started to protest against these unlawful actions and development movements to protect their right of…

    • 1280 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    The National Security Agency’s (NSA) collection of metadata has been questioned on constitutional grounds. Specifically, the NSA’s actions have been argued to conflict with the Fourth Amendment of the constitution, which states that all citizens are free from being subjected to any unreasonable searches or seizures initiated by the government. Proponents of the NSA’s collection of metadata believe that it is a crucial tool in preventing potential terrorist attacks, while opponents of the program believe that its questionable constitutional validity, along with its lack of clear success in preventing a single terrorist attack, leaves the National Security Agency’s metadata collection program in desperate need of reform or outright abolishment.…

    • 2226 Words
    • 9 Pages
    Great Essays
  • Superior Essays

    After the introduction of the Patriot Act, the Foreign Intelligence Surveillance Act was affected by allowing surveillance criteria standards to be lowered. Both the Patriot Act itself and its changes made to FISA have both shown a lack of regard for the Fourth Amendment (Jaeger, Bertot, & McClure, 2003). Furthermore, one of its criticisms is that it is not completely liable to be held to the guidelines of the Fourth Amendment. This is referencing the procedure that is meant to be followed before the approval of invading privacy is given. FISA allows for search and wiretapping approval to be obtained without evidence that suggests criminal involvement (Jaeger, Bertot, & McClure, 2003).…

    • 1380 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Iphones, Inc. Case Study

    • 1642 Words
    • 7 Pages

    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). What judges could force Apple to do is burdensome and violate their principles.…

    • 1642 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    The second part of that, allowing the FBI to conduct domestic surveillance also leads to some legal questions about the type of surveillance and when those…

    • 1000 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    "The Fourth Amendment 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, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The NSA hacking, wire-tapping and spying on civilians goes directly against the Constitution. It puts them at risk of unreasonable searches and seizures without probable cause. This issue is about constitutional privacy rights of U.S. citizens and how it relates to national security. When is the government going too far to protect us?…

    • 694 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Iphone Fraud Essay

    • 487 Words
    • 2 Pages

    Apple agrees that a backdoor is a solution,“Some would argue that building a backdoor for just one Iphone is a simple clean cut solution”. What if a backdoor can have a solution to a case? That can be a solution for that a backdoor can be a great idea,FBI acknowledges that if they build a backdoor they can save more lives,FBI agrees that the United States government has demanded that apple a good decision of out security of their customers.…

    • 487 Words
    • 2 Pages
    Improved Essays