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I can't think of any way in which the FBI's incompetence would have legal implications for Apple's obligations. How would that work? If they're able to help, a
by ikeboy 11y ago
I can't think of any way in which the FBI's incompetence would have legal implications for Apple's obligations. How would that work?
If they're able to help, and can be compelled legally, why would the FBI having previously had the ability to get the data but losing it to a mistake change their obligation?
- EGreg 11y agoOne can ask the other way. If they weren't obligated to help before, when the FBI had access, why would they be obligated now?
- ikeboy 11y agoBecause before the FBI didn't need their assistance, and now they do.
- wongarsu 11y agoSo if the FBI drops a confiscated laptop and the hard drive breaks, can they compel Seagate to recover data from the drive?
- ikeboy 11y agoSeagate has no special ability to recover data as far as I know. The case isn't comparable.
- wongarsu 11y agoThen let's say the FBI handled a confiscated SSD drive wrongly, and some of the communication circuits of one of the flash chips holding the data got fried as a result. Your only bet to get data off that chip is the manufacturer of the chip. Could the FBI compel them to try?
- ikeboy 11y agoI don't think the law would differ between that case and if they found the drive that way. If the FBI has the legal right to assistance, that shouldn't change based on whether they messed up earlier. It should depend on the situation now.
- caf 11y agoThe All Writs Act doesn't say any thing about having a special or unique ability.
- ikeboy 11y agoBut that might affect the reasonableness of the request. If the FBI can do it with off the shelf tools, it's less reasonable to ask someone else to do it than if there's no other option.
- Laaw 11y agoNot the same. This is more like if the FBI wanted access to investigate a space murder and demanded Virgin Galactic to build a special shuttle to allow the FBI's equipment to the station, something only Virgin Galactic can do because they're the only ones who have the key to the space station.
- bryanrasmussen 11y agoand Space Station Technical services had a key to the space station but the FBI ordered them to throw it away some time before contacting Virgin Galactic and saying put people to work building us this special shuttle because otherwise we can't get in.
- ridgeguy 11y agoPerhaps because the FBI's error deprived them of the only clearly legal means of recovering the data. Their mistake shouldn't confer access through arguably illegal means (the legality of the court order compelling Apple not yet being settled).
- rainsford 11y agoThe point is that the legality of the court order compelling Apple does not depend on whether or not the FBI made a mistake in other investigative approaches. If the order is illegal, then it doesn't matter whether the FBI needs the access it provides or not, it's still illegal. On the other hand, if the order is legal, then the FBI needing it due to a mistake doesn't suddenly make the order illegal.