2 ms·
Orin Kerr, a computer crime law professor and writer, tried to guess over two posts [1] [2]. He did not give an answer but he has not finished writing his thou
by studentrob 11y ago
Orin Kerr, a computer crime law professor and writer, tried to guess over two posts [1] [2]. He did not give an answer but he has not finished writing his thoughts on the subject.
One thing he hasn't talked about yet is how the FBI would reimburse Apple.
The most recent relevant court case that used the AWA was US vs. New York Telephone. Part of the court decision states:
"The order provided that the Company be fully reimbursed at prevailing rates, and compliance with it required minimal effort on the part of the Company and no disruption to its operations."
In his analysis, Orin simplifies and assumes that the FBI could pay for Apple's services. I wonder if they could. Apple is being asked to weaken its product, and despite the government claiming otherwise, I think Apple knows best about whether their product is being weakened or not.
[1] https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/18/preliminary-thoughts-on-the-apple-iphone-order-in-the-san-bernardino-case-part-1/ https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...
[2] https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/19/preliminary-thoughts-on-the-apple-iphone-order-in-the-san-bernardino-case-part-2-the-all-writs-act/ https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...