Mar 152016
 March 15, 2016  Posted by  Court, Featured News, Govt, U.S.

Mike Masnick writes:

As expected, Apple has now responded to the DOJ in the case about whether or not it can be forced to write code to break its own security features to help the FBI access the encrypted work iPhone of Syed Farook, one of the San Bernardino attackers. As we noted, the DOJ’s filing was chock-full of blatantly misleading claims, and Apple was flabbergasted by just how ridiculous that filing was. That comes through in this response.

The government attempts to rewrite history by portraying the Act as an all-powerful magic wand rather than the limited procedural tool it is. As theorized by the government, the Act can authorize any and all relief except in two situations: (1) where Congress enacts a specific statute prohibiting the precise action (i.e., says a court may not “order a smartphone manufacturer to remove barriers to accessing stored data on a particular smartphone,” … or (2) where the government seeks to “arbitrarily dragoon[]” or “forcibly deputize[]” “random citizens” off the street…. Thus, according to the government, short of kidnapping or breaking an express law, the courts can order private parties to do virtually anything the Justice Department and FBI can dream up. The Founders would be appalled.

The Founders would be appalled. That’s quite a statement.

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