Obama's own Constitutional law professor thinks otherwise. Tell, which law school do you teach at, before I consider your theory ahead of hers?
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What's to prevent the Chinese government (and thousands of other EU, U.S. federal and state prosecutors) from making the exact same request, after they find out that these legal requests are granted (with an nice existing precedent to use), and that the task is provably possible?
1. I'm not a law professor, and have not read the comments you speak of. However, thus far the courts have accepted my interpretation. If you'd studied law, you'd realise that in common law countries, a court decision trumps all unless appealed successfully. I accept this is not a Supreme Court decision, so watch this space I guess... pretty sure Apple's got the money and the lawyers to put up the best case possible. Their failure thus far demonstrates that the laws have been scrutinised by the best, and Apple have still failed (this far).
2. The law would stop the Chinese government from seeing what's on a defendant's phone. Why?
a) China aren't a signatory to the Cybercrime Convention... so they can't access these laws.
b) Even if they were, it would be the police searching the devices (of alleged criminals when the court decides it's necessary, not just random people) and only admissible parts will be seen in court.
c) For EU countries? Heard of the double jeopardy rule? You can't get convicted for the same crime twice. If these guys are convicted then they will more than likely be spending multiple life sentences behind bars in US prisons. Nobody could just randomly apply for a sticky beak through their phones... there would need to be future criminal charges laid and they'd have to apply to the court with significant proof that the contents of the phone will assist with the prosecution.
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For context, this is a REALLY commonly used provision in multiple countries and it's an important part of the Cybercrime Convention. Courts can compel people with adequate skills to provide access to devices where necessary.
Paedophiles ALWAYS ALWAYS AAAAAALWAYS try to use the lame defence you're advocating for because all their kiddie porn is locked on a computer and they'll be in big trouble if it's decrypted. The court compels them to decrypt it themselves... they use their rights to prevent self-incrimination... FINE. So an expert decrypts it, finds their stash... they complain it's a breach of privacy... and they lose because it's really not (it's a legitimate police investigation).