4 ms·
It's tricky. The All Writs Act clearly must have some boundaries as to reasonableness and the due process of the defendant. What Apple is being asked to do her
by s_q_b 11y ago
It's tricky. The All Writs Act clearly must have some boundaries as to reasonableness and the due process of the defendant.
What Apple is being asked to do here isn't simply to unlock a phone. They're being asked to use their engineers, money, and expertise to build a tool to defeat the very encryption they developed.
It's not clear the All Writs Act enables the government to simply order a search warrant recipient to create new technology for them.
- spiralpolitik 11y agoThere is also a first amendment angle in that due to the previous crypto wars code is considered speech so the act of forcing a developer to write code could be considered compelled speech.
- studentrob 11y agoThis is a fantastic point. I hadn't heard that yet, thanks! For the lazy, here's what I found, Compelled speech: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/compelledspeech.htm http://law2.umkc.edu/faculty/projects/ftrials/conlaw/compell... Code is free speech: http://archive.arstechnica.com/wankerdesk/2q99/freespeech-1.html http://archive.arstechnica.com/wankerdesk/2q99/freespeech-1....
- s_q_b 11y agoThat's an excellent idea, and certainly a tact I wouldn't initially have considered. Reminds me of this xkcd: http://imgs.xkcd.com/comics/legal_hacks.png http://imgs.xkcd.com/comics/legal_hacks.png