Many of us are getting tired of this story. And that's exactly what the FBI (aka Big Brother) is hoping for.
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Prosecutors Ask Judge to Review Pro-Apple Ruling in New York Case
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They just won't stop until they get the decision they want. You can see the government getting their way in this no matter what.
Saying something sets a precedent isn't a good or valid reason to not do it. You're holding your ... I mean you're complaing wrong.
If you are worried about your privacy or whatever, then complain about that.
To me, this is like the playground bully stealing your lunch money everyday. Eventually you stand up for yourself and say stop. So Apple pulled data from phones 70 times prior. So what?
Actually, Apple could fight the new law in court as being unconstitutional. For all its failings, our judicial system at least allows one to argue a law is unconstitutional or improperly applied rather than requiring blind obedience.
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The advantage of common law is it provides precedents to help decide future cases as well as consistency to decisions since similar facts would result in similar outcomes.
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That's what both sides in a case do when the lose - appeal and if the case is important enough get a final hearing at the Supreme Court.
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I would guess, since IANAL, the government believes the All Writs Act could be broadly interpreted in the future if it applies to Apple's case. setting a precedent that allows them to gain access more easily.
That all depends on the SCOTUS bench and how they interpret the constitution, it could still go both ways.
THIS. 1000 times this. It's exactly about getting a toe in the door and setting a precedent for using the All Writs Act.
True!Your profile picture betrays you.
I strongly disagree with Drumpf's stance on this topic.
It's quite obvious why they are asking because the San Bernardino case is only a "one time" request. So I must ask, was there a recent earthquake that shook CA smack into NYC? Otherwise I'm confused about the Fed's definition of "one time."
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Heh. Back in the day. I shudder to think how many people bank online and conduct other business at Starbucks on open wifi. And let's not forget iCloud backups today are NOT encrypted.
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Heh. Back in the day. I shudder to think how many people bank online and conduct other business at Starbucks on open wifi. And let's not forget iCloud backups today are NOT encrypted.
The evil ones just keep trying. Unbreakable personal encryption is poison to big government and the ruling class.
We need a less stupid government.
On Alexander Graham Bell's phone network, it was possible to tap a voice call just by attaching a speaker to the wire with a couple of clips. So naturally with a modern spectrum-hopping, TDMA band sharing high speed GSM network, it should be just as simple to tap a cell phone call.
Times change, technologies change. The people running the country refuse to change.
Yup. It feels like the FBI's handling of the San Bernardino case (i.e. lets go public to put pressure on Apple) has backfired. I think this other case is about the principle. Your honor, Apple has helped countless times before, and now they are refusing. Can you please force them to assist us again (a few more hundred times)?
I actually work in criminal law in a common law country (Canada). For what it's worth, I agree with you.
The idea is that in common law you should get consistent rulings that evolve with society. The reality is that even in the simplest cases, you can spend days presenting completely different cases to the court. The key is that not every case is identical in every way, so the lawyers argue why the circumstances in their case law match the current case while the the other side's cases are completely different circumstances.
What it comes down to is the judge gets to decide which cases match the current facts and he's going to do whatever he wants anyway. So you have a much less consistent system because the judges pick and choose what ever case law suits their purpose and completely ignore the law.
To make things worse, here in Canada the circumstances of the offender are more important that the circumstances of the offence. If some deadbeat robs a store and shoots the clerk, he will go almost unpunished because he's just acting out against his circumstances in life and it's really society's fault for helping him more. If a middle class office worker gets in an argument and punches his neighbour, he'll get a much worse punishment than the robber because his life is so good, he should know better. Because we look so much at the circumstances of the offender, it is virtually impossible to have any consistency in Canada and the rulings really are all over the map. There is just way too much that's subjective to apply case law in any consistent way. Going to court here is like playing roulette.
And the upshot of all this is we spend 3 times longer deciding anything that we really should. It takes about 18 months to bring a summary matter (like your misdemeanour ) to trial, and about 3.5 years to bring an indictable matter (like your felony) to trial. Someone who is "innocent until proven guilty" will have the charges dangling over their head for nearly 4 years, and that's if nothing goes wrong. Great way to treat an innocent person.
YES..
I wish govenments and tech companies can work together to rech a solution without needing this much cause from a court...
I do agree, nothing has changed in the law, and its only Apple sticking its nose in now because they have a "case" because they just suddenly care about security this much from iOS8 onward... which before,, wasn't even an issue.
However, i still agree privacy is more important, but maybe i'm just getting sucked into the Apple ecosystem.
I bet All the Adrroid people are having a really good laugh say "Apple is pushing too hard for nothing."
Judging by Apple's strong point standing in this,,, anyone would reckon that Apple has been doing this all along with iOS, which is NOT the case. and that will always be evidence however u try and think it's not.
Wow. Not even national security. They want to kill our rights over a drug dealer?!
It's a good way of weeding out political activists. In the UK, which is currently having a debate about leaving the European Union, some forums have been swamped by lobbyists, who tend to be well organised.
If the crime was an attack against LGBT, the Apple position and/or noise about this would be just the opposite: they'd either provide the data to the FBI while speaking loudly in the media how Apple fights against "the enemies of freedom", or they'd help the FBI without shouting it to the world. But in any case, they'd collaborate with the FBI if there's an attack against Tim Cook ideological agenda.
The new version of the color wheel in OS X is really unpleasant. And I mean really.
The new version of the color wheel in OS X is really unpleasant. And I mean really.
Prosecutors and DoJ are applying 40x the oomph as they are applying to Hillary (who violated provisions hundreds of times) and 1x the oomph they applied to General Petraeus (who probably did violate a provision). This is selective enforcement and also gross prosecutorial over-reach since they know or should know this is blatantly unconstitutional.
There is a REASON why there are hundreds of phones sitting there "waiting" to be cracked. They are uncrackable without massive expense. This is a money issue not a technical issue.
cite:
http://www.dailydot.com/politics/john-mcafee-lied-iphone-apple-fbi/
The other thing the government (Obama) is pissed about is whatever Apple does with NSA (No Such Agency) over NBC (Nuclear, Biological, Chemical) does not apply to domestic crimes. This is also jurisdiction creep.
The other misdirection the government is using is they need to crack the phone for justice for the victims. I have news for you, once the perps were both killed by authorities justice as defined in our system was complete. When a person is dead they stop all judicial proceedings because the case is no longer "ripe". So the over reach is not only constitutional, and spy vs police, but also going past a ripe case into a nether region of theoretical but in no way probable cause co-conspirators. This is being used as a test case for legal over-reach on at least three levels.
Obama constitutional scholar my *ss. He is a constitutional destructor.
Rocketman
There is a REASON why there are hundreds of phones sitting there "waiting" to be cracked. They are uncrackable without massive expense. This is a money issue not a technical issue.
cite:
http://www.dailydot.com/politics/john-mcafee-lied-iphone-apple-fbi/
The other thing the government (Obama) is pissed about is whatever Apple does with NSA (No Such Agency) over NBC (Nuclear, Biological, Chemical) does not apply to domestic crimes. This is also jurisdiction creep.
The other misdirection the government is using is they need to crack the phone for justice for the victims. I have news for you, once the perps were both killed by authorities justice as defined in our system was complete. When a person is dead they stop all judicial proceedings because the case is no longer "ripe". So the over reach is not only constitutional, and spy vs police, but also going past a ripe case into a nether region of theoretical but in no way probable cause co-conspirators. This is being used as a test case for legal over-reach on at least three levels.
Obama constitutional scholar my *ss. He is a constitutional destructor.
Rocketman
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The FBI is going to be embarrassed if they ever get in to this phone and find nothing.