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Go Apple!! F the lying gov! FBI is using the "terrorist" card to yet again strip us of another freedom! The terrorist did not use his work phone for terror plots, duuurrr! They use their two droid devices they smashed, dura durr FBI!

But all FBI has to do is say terrorist and half educated America gives up their freedoms and privacy.

When will our country wake up to the terror scam our bs gov pulls to rob us of out freedom!?!?!?
 
Actually, I'd love to have read Scalia's writings on this. Yes, conservative and originalist - but in most cases very good for suspects and very reluctant and over-reaches by the government. I think he'd have ruled in favor of Apple.

Regardless of your ideological or political leanings Scalia was certainly an entertaining writer of opinions. Hard to say how he would have found in this situation though. He was certainly a limited government originalist but look at his some of his opinions with respect to terrorism, there he seemed to feel the nature of war overrode constitutional rights and protections for combatants (Gitmo dissent for example). So would the San Bernadino scenario produce the limited government Scalia or the anti-terror Scalia? Hard to say what the result would have been.
 
Apple ends its motion by calling for the decision on security to be made by American citizens through the democratic process rather than through a court order.

I don't know if anyone has been keeping up on current events, but this just isn't how we do things anymore. . . /s
 
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"Apple ends its motion by calling for the decision on security to be made by American citizens through the democratic process rather than through a court order."

That might be their strongest argument. In any case I'm all for them resisting in any way they can.
I agree with this but then I think about Donald Trump supporters and get nervous...
 
Was listening to the FBI Director's testimony on Capitol Hill and noticed that at no time did he state to create then destroy the code. Rather that it exists at Apple which he felt was secure.
Talk about a prize target.
 
Go Apple!

Edit: so this could get really interesting if it makes it to SCOTUS and there's still an open seat. A 4-4 tie would defer to the lower court which makes whichever court of appeals this ends up in critical. One more fun twist in the current Scalia controversy.

Edit 2: although I think it is inevitable that congress will attempt some form of legislation on this I still think that Apple stating that is the correct avenue is a bit like poking at the hornets nest. As much as I dislike the precedent this case potentially sets I see far more damage that could be done via legislation.

On the bright side, this has been made a public issue and Apple has thrown their hat in the ring. We've got some fight and public support on our side. The lawmakers can oppose the public will at the risk of their jobs. Our citizenry isn't going to take lightly the intrusion of any agency into our private lives. FBI, NSA etc. are already suffering a lack of morale due to low opinion of the job they are doing and all the things they have been caught doing.
 
Business telling government to go stuff it on matters of security. But watch out if a bakery fails to make a gay cake; there's fire and brimstone upon ye!!
This is why I can't get down with either political party. The bakery shouldn't be forced to bake a gay wedding cake (but the rest of us should feel free to shame and boycott that business into bankruptcy), and Apple shouldn't be forced to create a new product at the government's command.

If Apple loses here, you could see the FBI conscripting more companies and even non-criminals to fight crime. Imagine if the FBI gets a court order forcing you to wear a wire because you happen to work with or know a suspect. We've already done away with forced conscription in the armed services and we should not accept forced conscription in law enforcement. The detectives should focus on doing their job, not enslaving others to do it for them.
 
I just read the entire filing.

In my opinion, Apple has an extremely strong legal footing to defend their position. They attack the misuse of the All Writs Act on multiple fronts, with compelling precedents and examples. If anyone wants to skim the filling, the strongest arguments are made on page 25-34, with page 26 being my personal favorite:

Screen Shot 2016-02-25 at 2.11.34 PM.png


Link to the full filing:
https://www.scribd.com/fullscreen/3...llow_share=true&escape=false&view_mode=scroll
 
As I've mentioned before, if Apple win Congress will draft legislation to limit the level of security available to all devices. READ:

Passcode back doors - Check
No end to end encryption - Check
No mobile VPN - Check
On demand location monitoring - Check
Now hardware [de |en]cryption support - Check

I'm going for cheddar cheese + Carmel popcorn. It's called "Chicago Mix". And a nice Bourbon.
 
Does anyone know if filing this suspends their alleged obligation to cooperate with the FBI. In other words, will this get the FBI off their back and everything is put on hold until this is settled in court?
 
Does anyone know if filing this suspends their alleged obligation to cooperate with the FBI. In other words, will this get the FBI off their back and everything is put on hold until this is settled in court?

It is my understanding that as long as they have the ability to appeal, they cannot be forced to comply. They would only be unable to appeal if the Supreme Court decided the case, because their decisions are final, or if the Supreme Court decided not to hear the case. But perhaps a lawyer can chime in and clarify.
 
.....The only question I have for everyone:
Buttered popcorn, or nachos? Because this is going to be good. :pBL.
How about hot dogs and Heineken? :D

As well they should be. Extremely important case. An epic and watershed moment in our history.
No argument there. Today's 'Motion to Vacate' covers all the basics very nicely.
 
As I've mentioned before, if Apple win Congress will draft legislation to limit the level of security available to all devices. READ:

Passcode back doors - Check
No end to end encryption - Check
No mobile VPN - Check
On demand location monitoring - Check
Now hardware [de |en]cryption support - Check

I'm going for cheddar cheese + Carmel popcorn. It's called "Chicago Mix". And a nice Bourbon.


Congress gets voted upon. Every two years (for a third of the seats) last time I looked. Next in about eight months.
Who votes? Voters.
Who pays for campaigns and other "goodies", from dinners to trips to no-show jobs in useless boards?
Oh, right - companies do.

I wouldn't think its wise to p1ss-off a good part of both of these groups at the same time.
Nothing good can come out of this.

Of course, the tables could turn if some significant "event" took place, to scare the sheeple back into the barn.
 
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If this were a phone belonging to a 9/11 hijacker, the FBI and Homeland Security would come down on Apple like a ton of muesli. But since it was just a domestic terrorist incident I guess it's no big deal for Apple to refuse...
 
Congress gets voted upon. Every two years (for a third of the seats) last time I looked. Next in about eight months.
Who votes? Voters.
Who pays for campaigns and other "goodies", from dinners to trips to no-show jobs in useless boards?
Oh, right - companies do.

I wouldn't think its wise to p1ss-off a good part of both of these groups at the same time.
Nothing good can come out of this.

Of course, the tables could turn if some significant "event" took place, to scare the sheeple back into the barn.
...Donald Trump will no doubt think of something...
 
Does filing a motion to dismiss automatically cut off other avenues of appeal if the motion is denied?
 
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