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The larger issue, by far, is whether we are a free people. From the article: CLARKE: No, the point I'm trying to make is there are limits. And what this
by clarkmoody 11y ago
The larger issue, by far, is whether we are a free people.
From the article:
CLARKE: No, the point I'm trying to make is there are
limits. And what this is is a case where the federal
government, using a 1789 law, is trying to compel speech.
And courts have ruled in the past, appropriately, that
the government cannot compel speech. What the FBI and the
Justice Department are trying to do is to make code
writers at Apple - to make them write code that they do
not want to write that will make their systems less
secure.
If the FBI gets its way in this case, forcing Apple employees to perform a service for the government, then it sets the precedent for the government to compel anyone to do anything the government wants. When you are forced to work for someone against your will, this is called slavery.
Of course the FBI used a terrorist attack to try and get what it's always wanted, and it will abuse the unlock power in the future if it gets it now, but judges could easily cite this case as a defense for the government to compel other action from the people.
Clarke makes it sound like there is court precedent against this compulsion, but that would be overturned if the FBI wins.
Indeed, encryption and privacy are very important, but our very liberty is more important.
- pgwhalen 11y agoThis is way overblown. Yes, the government should not be able compel Apple to build back doors, but this isn't some kind of new precedent about compulsion. There are plenty of industries where the cost of doing business includes creating something to satisfy a regulatory requirement.
- jaycroft 11y agoI believe that it is indeed a new precident about compulsion. If say, I want to make airplane parts I need to satisfy regulatory requirements. I know those requirements in advance, and can decide if I want to be a parts manufacturer or not. Lets say I instead decide to make drone parts for hobbyists because there's less regulation. Should the government be able to compel me to obtain an AS9100 cert so that they can bolt some of my hobby parts on a DHS operated drone? I would call that slavery. The FBI is attempting to compel Apple to do work that they never anticipated in order to comply with laws that do not yet exist.