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There are two gov. issues. One is if the FBI comes knocking and the other is new laws. The government could absolutely write a law banning e2ee so that when the
by matwood 5y ago
There are two gov. issues. One is if the FBI comes knocking and the other is new laws. The government could absolutely write a law banning e2ee so that when the FBI does knock with a warrant they can get access.
In the past, Apple has done what they can to stand their ground against the first, but they (like any other company) will have to comply with any laws passed.
Whether the 'if a warrant is obtained the gov. should be granted access' law is a violation of the 4th amendment remains to be seen.
- gpm 5y agoWhen the FBI does knock with a warrant they already get access to data on iCloud. iCloud is not meaningfully encrypted to prevent this. The FBI is unable to get a warrant to search data on everyones phones, regardless of what laws are passed. They might be able to get a warrant to search all the data on apple's server (I would consider this unlikely, but I don't know of precedent in either direction), but that data is fundamentally not on everyones phones. This isn't a novel legal question, you cannot search everyones devices without probable cause that "everyone" committed a crime.