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So, question. Does China afford people and companies the same ability to “not work with the FBI” that the United States does? Because at the end of the day, A
by t-writescode 6y ago
So, question.
Does China afford people and companies the same ability to “not work with the FBI” that the United States does?
Because at the end of the day, Apple is following US law by refusing to freely hand things over. That’s what warrants, etc, are for.
In the US we intentionally make it theoretically hard for law enforcement to do their job so they’re theoretically more likely to get the right person if the full flow of law enforcement, all the way through the courts with capable, well-funded and appropriately timed lawyers are allowed to do their jobs.
- adamcstephens 6y agoApple isn’t required by law to contest the requests from law enforcement. They could provide assistance without even telling the target. For example, https://en.m.wikipedia.org/wiki/Third-party_doctrine https://en.m.wikipedia.org/wiki/Third-party_doctrine You are correct that they can’t refuse in China, but they’ve chosen to fight in the US.
- CharlesW 6y agoOnly if you consider complying with most U.S. government requests—all requests with a valid legal basis—"fighting".[1] For example, Apple complied with U.S. government requests in 90% of cases in 1H'2019.[2] [1] https://www.apple.com/privacy/government-information-requests/ https://www.apple.com/privacy/government-information-request... [2] https://www.businessinsider.com/apple-complies-percent-us-government-requests-customer-data-2020-1 https://www.businessinsider.com/apple-complies-percent-us-go...
- t-writescode 6y agoApple is allowed by law to contest them, though and so they are following the law.
- wyldfire 6y agoApple doesn't own the device in question and the FBI wasn't asking for Apple to hand over information in their custody. That said, the request is beyond the pale and they were right to refuse.