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I don't think so. Apple would prefer not to fight this particular battle over this particular case in the public sphere, but the FBI would. The general principl

I don't think so. Apple would prefer not to fight this particular battle over this particular case in the public sphere, but the FBI would. The general principle Apple is fighting for here is very important, but the FBI knows this is the weakest point in that principle: the locked phone of a dead terrorist who killed several people. Politically and possibly legally, this is a winner for the FBI. Technically it's a loser if you believe strong encryption is important at all. Apple wants to win the political argument, so it would not want this request to be made public. Anyway, why should it be, when next to no other such requests are made public? Anyway, in a legal battle, you contest every relevant point. The fact that they contested it doesn't mean they would have behaved differently after, except that they wouldn't have had to make a public statement under less than ideal circumstances.

themartorana 11y ago
Are you suggesting the court would take public opinion under consideration as being at all relevant to the law? That's very worrying to me, considering how important it's been in the past for the court to ignore public opinion in favor of justice.
- Lawtonfogle 11y ago
  Of course they do. They shouldn't, but the law doesn't work that way. In some cases the court may even decide to enshrine the public's opinion as a valid tool for determining legality (such as what speech counts as obscenity).
- untog 11y ago
  There's also a longer term play - no matter what the court rules, if public reaction is strong enough then elected representatives will be under pressure to change the law.
- logfromblammo 11y ago
  If judges were the type to rule solely on provable facts and rigid logic, they probably would have been better off pursuing a degree other than Juris Doctor. Judges absolutely factor in public opinion to their rulings, especially where they must periodically undergo public votes to retain or dismiss on election day.
  - gaadd33 11y ago
    Are any federal judges elected? I was under the impression they are all appointed and can't be removed without impeachment and conviction.
- tamana 11y ago
  Public opinion is plainly part of the definition of justice. cultural norms are frequently cited in decisions.
  - scrollaway 11y ago
    Cultural norms are not the same thing as public opinion. Or do you want the FBI to run attack ads against Apple? Your tax dollars at work taking care of that pesky "public opinion".
- skywhopper 11y ago
  I didn't mean the courts (although that's an interesting discussion). The political play I mean is that the FBI is trying to get Congress to change the laws surrounding this topic.
jrs235 11y ago
Out of curiosity, does anyone know how much Apple would be compensated for their time and effort to help the FBI? I assume they would be compensated somehow. But how much? I worry that this is going to be a way for the government to get free (or greatly cost reduced) resources to do its own work.
- deleted 11y ago
  [deleted]

themartorana 11y ago

Are you suggesting the court would take public opinion under consideration as being at all relevant to the law? That's very worrying to me, considering how important it's been in the past for the court to ignore public opinion in favor of justice.

Lawtonfogle 11y ago
Of course they do. They shouldn't, but the law doesn't work that way. In some cases the court may even decide to enshrine the public's opinion as a valid tool for determining legality (such as what speech counts as obscenity).
untog 11y ago
There's also a longer term play - no matter what the court rules, if public reaction is strong enough then elected representatives will be under pressure to change the law.
logfromblammo 11y ago
If judges were the type to rule solely on provable facts and rigid logic, they probably would have been better off pursuing a degree other than Juris Doctor. Judges absolutely factor in public opinion to their rulings, especially where they must periodically undergo public votes to retain or dismiss on election day.
- gaadd33 11y ago
  Are any federal judges elected? I was under the impression they are all appointed and can't be removed without impeachment and conviction.
tamana 11y ago
Public opinion is plainly part of the definition of justice. cultural norms are frequently cited in decisions.
- scrollaway 11y ago
  Cultural norms are not the same thing as public opinion. Or do you want the FBI to run attack ads against Apple? Your tax dollars at work taking care of that pesky "public opinion".
skywhopper 11y ago
I didn't mean the courts (although that's an interesting discussion). The political play I mean is that the FBI is trying to get Congress to change the laws surrounding this topic.

jrs235 11y ago

Out of curiosity, does anyone know how much Apple would be compensated for their time and effort to help the FBI? I assume they would be compensated somehow. But how much? I worry that this is going to be a way for the government to get free (or greatly cost reduced) resources to do its own work.

deleted 11y ago
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