Wednesday, February 24, 2016

Apple vs the Federal Government Over Unlocking a Terrorist's iPhone



What has been happening over the past few weeks is a situation where computer/cell phone maker Apple, Inc. has been refusing to comply with the Federal government's requests/demands to hack the iPhone used by a terrorist couple who killed 14 people and injured 22 at a party. The couple was later killed in a shootout with law enforcement after they fled the scene.

I've been thinking about this situation a great deal. We all want to know what is on that phone. Is there any info about other terrorist plots, other targets they were going after, who were they in contact with, etc. We want to know because we're afraid that something worse is brewing. We also say, "well, they're dead, so it no longer matters about their privacy." We hear the cries about national security!!! So WHAT is Apple's problem?

What many people don't seem to realize is that the court order is not for the assistance to get data off of one phone. It is to develop the key (a computer program) to unlock any iPhone of any person who may have one. If law enforcement wants to look at the data on your iPhone, and they have the key to do so, what is to stop them? While I completely support our law enforcement agencies, I also want to support our right to protection against unlawful search and seizure. People, companies, even the President were asking for stronger encryption methods to protect our data from being tampered with, or stolen, but out of fear, due to this one incident, we are now asking for a universal method allowing the removal of that protection. We KNOW that we are not a security threat, so we should be able to protect our data, but the terrorists should not have such protections. The problem is, to remove the terrorist's protection, is to also remove our own protection. You can't have it both ways.

Are you WILLING to give up one of your most basic rights as an American citizen in order to gather data from one phone? Do you fear the enemy so much, that you are willing to throw away the protection against unlawful search and seizure guaranteed to you in the Constitution's Bill of Rights. The document that cost so many lives to guarantee that you would never be subjected to that sort of intrusive government? Would you be upset if the government broke down your door and started going through your private stuff without just cause? Once you give up your right to privacy in one area (out of fear, or emotional distress to help those who are suffering), how long will it be before that precedent is expanded to include other areas of your life?

Personally, there is nothing on my phone that I need to hide from anyone. If it is taken from me by anyone, I have no fear that it will ever cause me to lose sleep over the data stored on it. BUT, what if I have clients and I need to store information that is highly confidential to THEM? Or let's say I keep credit card information of my own, or someone I do business with on it? And I know that there is a key out there that can unlock that information?

Because I wanted ONE phone to be unlocked, out of fear, or emotional distress, is it really worth giving up my right, and that of every other citizen to get that data? There is also a very good chance that there is nothing on the phone that will be helpful if it is unlocked. But we are willing to give up our right to privacy just to find out. We have got to take our emotions out of this equation. I would like to know what is on that phone too. I want to uncover any other terrorist plots it might show us. I want those families who suffer to get the answers they seek. But that is because I fear the enemy. Because I have so much sympathy for the families. Any decent person would feel these emotions. But we CANNOT give up our rights because we "feel" bad. I'm sure it is even worse for those directly affected, but the 4th Amendment to the Constitution was not written so we would feel good all the time. It was written to keep our basic human rights intact. Which includes even when it doesn't seem fair, or because people are suffering because of it.

A new Pew Research study shows that a majority of Americans want Apple to cooperate and unlock the phone. One question they did not ask was, "Do you know what the court order is actually asking for?" or "Have you considered what this means for YOU?"

Let's look at this from a business aspect. I think this whole situation would be easily resolved if ONLY one phone was involved. But the case is much bigger than the majority of people realize. If Apple develops the key being asked for, how much business will Apple lose as people who keep sensitive data on their phones flock to buy a different brand? Once that key is developed, everyone who needs strict confidentiality, or perhaps keeps sensitive data on their phone, will be very aware that they have lost the integrity of the product. For many people, they don't care if Apple loses business, because what is on that phone is a top priority. But if you are an Apple employee, is losing your job worth it? If sales drop, the loss has to be made up somewhere. Personnel is the largest expense in any business, so that's where the company goes first. Has anyone considered the consequences outside of being able to retrieve the data?

So that's my take on this whole situation. I stand with Apple on this one. I am NOT willing to give up my right, as a citizen of this country, guaranteed to me by the 4th Amendment, in order to retrieve the data located on one terrorist's phone. If we give into fear, the terrorists have won. The whole idea behind "terrorism" is to spread "terror". Once you give into it, you handed them their victory. They have accomplished their goal, and we will destroy ourselves from the inside out.

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