The Importance Of Privacy In The Olmstead Case

2128 Words 9 Pages
Federal law enforcement does the best job possible protecting American citizens. However, they occasionally will infringe on the civil rights of their citizens in their pursuit of this protection. Louis Brandies address this concern in his dissenting opinion in the Olmstead case: "The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding." In the fight between Apple and federal law enforcement over a locked iPhone, the government is violating Apple’s Constitutional rights by asking for backdoor encryption software to their devices. If Apple allows the government to succeed without fighting back, it will open the floodgates for the government to encroach on Americans citizens and …show more content…
Case law is on the government’s side with Smith v. Maryland, which establish there is no expectation of privacy for information given to third parties. The court has issued warrants to third parties before, and the data contained by these third parties were turned over. But the government is not seeking data from Apple; they are trying to force Apple to create software to get into an iPhone. After committing the crime, the shooter no longer has an expectation of privacy. However, all other lawful Apple product users do have a reasonable expectation of privacy. And that is why Apple never created a decryption key for their phones; they wanted to protect their customers. Thus, the search warrant asking Apple to create a backdoor to decryption for their phones is unreasonable for Apple to produce, and what the search warrant is asking for can potentially harm Apple’s customers Fourth Amendment …show more content…
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. With the key spread out, there is a strong possibility that it can fall into the wrong hands such as hackers, criminals, and even terrorist. This threat harms the many occupations that use Apple’s products for everyday function. Some examples are hospitals that secure patient’s electronic charts in compliance with HIPAA laws, and Businesses like law firms that place privilege data in phones protected by attorney-client privilege and the work product doctrine. Can you imagine if these public occupations mentioned that use iPhones become susceptible to hacking? Also, with hackers having the ability to infiltrate phones, it will be one more cyber security threat to cause worry. With a phone hacked one’s identity becomes compromised, and credit cards, debit cards, and applications like Apple pay and iTunes become subject to theft. Apple has tens of millions of

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