4 ms·

If you receive an unconstitutional National Security Letter, you can't just ignore it. You must endure a lengthy, expensive, and stressful legal battle. And d

If you receive an unconstitutional National Security Letter, you can't just ignore it. You must endure a lengthy, expensive, and stressful legal battle. And due to the nondisclosure requirement in the NSL, you also have to do this in secret, without going to the public for support. Or you can fold and comply.

simondotau 5y ago
In this hypothetical scenario, the NSL would have to go to Apple the corporation, not to any individual. There isn't any individual at Apple that could implement the demand. There probably isn't even a group of ten individuals at Apple that could do it without other employees finding out. And as smart as you think the US Government is, there's no way they could possibly know who those ten people were. So the letter goes to Apple. They have ample time and resources to push back indefinitely. Demanding that Apple implement a Government dragnet across tens of millions of private devices is so far beyond unconstitutional that complying wouldn't even be fleetingly contemplated as an option. In fact, Apple is the sort of company that would move heaven and earth to ensure that this unconstitutional NSL becomes public. If nothing else, their defiance of it would be fantastic PR. Therefore it would be a massively stupid-ass move for the Government to try. They would have zero prospect of a positive outcome and they know it.
- JohnFen 5y ago
  > There isn't any individual at Apple that could implement the demand. There probably isn't even a group of ten individuals at Apple that could do it without other employees finding out. Sure there is. A number of different executives could do that. The CEO, if nobody else. The government sends the letter to the company's legal department. It's on the company to deal with it appropriately. There's no need to prevent employees who will actually do the work from finding out. Apple, like most other such companies, have complied with NSLs before, and they will in the future. The consequences for failing to do so are too extreme for it to be otherwise.

simondotau 5y ago

In this hypothetical scenario, the NSL would have to go to Apple the corporation, not to any individual. There isn't any individual at Apple that could implement the demand. There probably isn't even a group of ten individuals at Apple that could do it without other employees finding out. And as smart as you think the US Government is, there's no way they could possibly know who those ten people were. So the letter goes to Apple. They have ample time and resources to push back indefinitely. Demanding that Apple implement a Government dragnet across tens of millions of private devices is so far beyond unconstitutional that complying wouldn't even be fleetingly contemplated as an option. In fact, Apple is the sort of company that would move heaven and earth to ensure that this unconstitutional NSL becomes public. If nothing else, their defiance of it would be fantastic PR. Therefore it would be a massively stupid-ass move for the Government to try. They would have zero prospect of a positive outcome and they know it.

JohnFen 5y ago
> There isn't any individual at Apple that could implement the demand. There probably isn't even a group of ten individuals at Apple that could do it without other employees finding out. Sure there is. A number of different executives could do that. The CEO, if nobody else. The government sends the letter to the company's legal department. It's on the company to deal with it appropriately. There's no need to prevent employees who will actually do the work from finding out. Apple, like most other such companies, have complied with NSLs before, and they will in the future. The consequences for failing to do so are too extreme for it to be otherwise.