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Anyone have a sense of the odds that the state secrets privilege gets invoked, and if so how damaging it's likely to be to Apple's case? Most examples involve a
by 0xcde4c3db 5y ago
Anyone have a sense of the odds that the state secrets privilege gets invoked, and if so how damaging it's likely to be to Apple's case? Most examples involve a government entity being a party to the case, but the privilege did shut down a patent infringement suit between private entities not too long ago (Crater v. Lucent) [1].
[1] https://www.wired.com/2005/09/secrecy-power-sinks-patent-case/ https://www.wired.com/2005/09/secrecy-power-sinks-patent-cas...
- smoldesu 5y agoVery unlikely. If anyone is conscious of the United States' push for domestic surveillance, it's Apple. I imagine the reason this case took so long to draft is because it was a lateral effort involving lawyers, intelligence agencies and Apple's own corporate bigwigs. It's reflected in phrasing like "the abuse of state-sponsored spyware" rather than just "state-sponsored spyware" period. The only thing the government wants to do is arbitrate the case, because obviously they have an interest in maintaining their monopoly on surveillance.