Iphones, Inc. Case Study

Decent Essays
A very recent topic that has been circulating in the news is the topic of the FBI and the company known as Apple. Apple is known for its many products ranging from iPhones, MacBook’s, and watches that most of you, I imagine, have. The controversy surrounds an iPhone 5c that was found to be the work phone of one of the two Islamic San Bernardino terrorists. The FBI is requesting that Apple creates a backdoor to install on the phone to disable its security features. Apple does not want to do this for privacy reasons. There are many controversial topics surrounding this issue and three of the topics that will be explored are the legal conditions, individual privacy versus national safety, and whether or not this is a marketing strategy on Apples …show more content…
According to Grant Gross from PCWorld, Apple can use the First Amendment and the Fifth Amendment to defend themselves. The First Amendment right is that “Congress shall make no law…abridging the freedom of speech” (First). Gross reports that the company uses several court cases as an example for their First Amendment rights. He says they’re pointing to previous court cases that involved code also. 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). What judges could force Apple to do is burdensome and violate their principles. According to Gross, lawyers argued that this is taking away their …show more content…
Fein reports that the First Amendment cannot be used because the First Amendment is there to protect democratic self-government and expressive autonomy. Expressive autonomy is a synonym for self-government and self-government is defined as “political independence and self-control” (Self). Fein goes on to argue that requiring a software corporation to form a new version of its software for a criminal investigation is not different than a subpoena requiring a witness to testify in court for a criminal investigation. The infringement of speech isn’t affected if it is from the power of the courts. As for the Fifth Amendment Fein says that Apple cannot use this. Apple is claiming that, although the Fifth Amendment states specifically, it is for “people”, it can be used for corporations also. Fein says that this argument is weak on Apples part because corporations do not have “liberty”. They are a corporation, not a person. He says the Supreme Court has acknowledged that due process protects “the liberty of natural, not artificial, persons” (Fein). This leaves the Fourth Amendment, which, according to Fein, Apple may use. It states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”

Related Documents

  • Decent Essays

    Apple doesn’t want to break anyone’s encryption or set a master key loose on the land. Also, the authority over the master key that Apple would grant the FBI could be used again across a range of scenarios that weaken Apple’s privacy and security as well. 5. My Opinion about the case The argument about San Bernandino case is like two faces of a coin, which have equal value. If I support the FBI’s point of view, then it will be like I am creating a privacy and a public safety issue for myself as I myself have an iPhone.…

    • 701 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Pros And Cons Of Hacking

    • 434 Words
    • 2 Pages

    And my evidence is that only about 51% say that is should be unlocked and about 39% people say that they should not unlocked the phone. But the Apple company is like they should not give the software to the FBI but if they lose the case they will have to unlock the phone. But then the Apple company is have trouble with the FBI but the Apple company has some rules so that they will not unlock the phone. I wonder if the Apple company will still make a updated phone so that the FBI will not get in people phone any more. But I hope the FBI will leave the Apple compon alone and just find some hacker to open it.…

    • 434 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    James Comey, the FBI director, discussed that this problem should not be solved by a company that sells phones or by an agency that protects citizens but rather by the people their trying to protect. It should be up to the American people to choose what means more to them, security or privacy (Willens, 6). On the contrary, Apple believes that creating a back door could potentially cause the FBI to use that backdoor for evil. They would be allowed into anyone’s iPhone whether they were allowed to or not. Also, they could allow spyware onto users phones at any time.…

    • 932 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    The government cannot abridge the right of free speech or compel anyone to say what the government wants. The government claims that Apple is using the First Amendment to place their business over national security. But Apple argues the law is on their side with the Communication Assistance for Law Enforcement Act (CALEA). This act states that government cannot compel any specific design of equipment, change in configuration, or features of electronic communication service or telecommunication equipment. Also, intellectual property is covered by free speech.…

    • 2128 Words
    • 9 Pages
    Decent Essays
  • Decent Essays

    Apple was enhancing their security to meet the growing demands of their users and to protect their information. It is similar to tactics and approaches used by law enforcement, which have changed over time, to effectively deescalate threats such as bombs or a suspect with a gun. They both progressed for the safety of their patrons. Bill Gates said, in support of the FBI, “[this] is a specific case where the FBI is asking for access to information.” Granted, this was an exceptional case of large-scale domestic terrorism but all the facts weren’t on the table. For example, not disclosed to the public were the 12 other iPhones that the Department of Justice wanted access to from Apple in pending criminal cases by court order.…

    • 1293 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    Apple prides itself as having the strongest security system against brute force attacks on their devices because of their signature software. This reputation of Apple’s has helped the company become the global leader in smart phone device distribution. The government is asking Apple to place firmware on the phones disabling the latest erase data feature so they can brute force the phone. Essentially, the FBI is asking Apple to hack their own customers. [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.…

    • 2258 Words
    • 10 Pages
    Decent Essays
  • Decent Essays

    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.…

    • 2024 Words
    • 9 Pages
    Decent Essays
  • Decent Essays

    Some have put their own privacy at the top, while others put the safety of our nation above individual privacy. Are a couple iPhones an adequate price to pay for the safety of all Americans against terrorist organizations? This device would not breach the privacy of all Americans. The iPhone’s lack of data retrievability would also be a selling point to terrorists who would like to be as incognito to the government as possible. Apple is directly defying numerous court orders that require them to create the…

    • 1669 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    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…

    • 874 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    The San Bernardino shooting was a tragic event. A cell phone recovered after the shooting has been collected as evidence. Law enforcement believes that unlocking the phone which is an iPhone would help them learn more about the attack and plans. They also believe that this would allow them to intercept future attacks and protect innocent people. Guessing the code incorrectly ten times is believed to erase the data on the phone (Lichtblau).…

    • 571 Words
    • 3 Pages
    Decent Essays