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The legal system lets them say "you already have the information? Great, give it to me". It doesn't let them say "you have to redesign your systems to collect i
by eridius 8y ago
The legal system lets them say "you already have the information? Great, give it to me". It doesn't let them say "you have to redesign your systems to collect information that you explicitly told your users you aren't collecting".
I don't have a direct citation for you, besides having seen this spoken about before, but a simple thought exercise should prove it: If the government could compel that sort of thing, then we wouldn't have end-to-end encrypted chat (including iMessage) and the government would have already compelled Apple to give the government a backdoor into iPhones.
- lsiebert 8y agoI personally want the law to say that but: The FBI took a different view in a recent court case referencing the All Writs act of 1789 https://en.wikipedia.org/wiki/FBI%E2%80%93Apple_encryption_dispute https://en.wikipedia.org/wiki/FBI%E2%80%93Apple_encryption_d... but dropped it when they unlocked the device by other means., and the issue hasn't really made it through the court system, so it's unclear what the law requires. Until a federal case gets to the appeals court level it basically won't establish any binding precedent in other cases under stare decisis.