Expelliarmus

I am a supporter of Apple’s decision to refuse to comply with the FBI’s request for a backdoor into iOS. If Apple were to cooperate with the FBI, our government would then wield a tool similar to Harry Potter’s Expelliarmus with the power to disarm Americans by filing some paperwork. While the intended purpose may be to protect national security, the legal precedents being employed by the Department of Justice are outdated. I see a major flaw in the government’s use of a law enacted in 1789, the All Writs Act. In 1789, cybersecurity did not even exist, so how can we justify using a legal precedent from centuries ago to discern appropriate actions regarding a modern issue. If the All Writs Act indeed provides enough power to civil magistrates, then should we start applying other 1789 laws to contemporary cases. I certainly don’t think any government officials would agree with that…

Protecting national security can be a powerful phrase when trying to garner support for a controversial decision. While I see the obvious benefits of accessing a terrorist’s means of communication, I would like to push back on the idea that forcing Apple to provide decryption capabilities to the FBI truly protects national security. Earlier this week, I read a blog by Mark Cuban and he made a good point – there is no assurance that a successful hack into Syed Rizwan Farook’s phone would provide any investigative material. If Farook used sophisticated cryptic communication with his terrorist network, the FBI could take years to crack the code. There is also the possibility that Farook used a 3rd party application with its own encryption methods which is not unusual for a terrorist. On the other hand, if Apple develops a decryption method and the software is obtained by any of the talented hackers around the world – national security is certainly at risk. My question for the government would have to be – is the potential for making all iPhone users in the United States vulnerable to the vast criminally minded hacker community worth the possibility of uncovering evidence regarding the San Bernardino shootings?

I consider myself a conservative citizen, but I am not a person who greatly mistrusts the powers of government. However, in this case I do fear the repercussions of a legal precedent that grants government agencies the ability to access any targeted individual’s communication with a search warrant. I don’t use any 3rd party apps with strong encryption and I don’t have anything to hide, but I am not comfortable with the government having the power to access any conversation I take part in, with the exception being a letter I request the recipient to burn after reading. The problem with this power isn’t singularly related to the government obtaining it, but also derived from Bruce Schneier’s argument:

Either everyone gets access or no one does.

Essentially, if the government can hack our phones, then so can anyone smart enough to mimic or illegally obtain the decryption software. Also, the potential for blackmail, spying, and invasion of privacy is too great to justify this action. If you really want to cause a fuss, you could make this a human rights issue. At what point does the government’s reach extend beyond our unalienable rights… if that point is reached we must strip the qualifier unalienable and replace it with conditional.

My last grievance towards the requested compliance of Apple relates to the coercive nature of this decision. Apple dominates the high end market by developing an impressive suite of gadgets and software which includes their robust encryption. In a free market system, the government cannot be allowed to force a company to essentially nullify one of the greatest strengths of their product. In Apple’s case, this strength is security. I made the switch to Mac from PC because I was tired of dealing with viruses slowing down my computer (admittedly, I should have stopped using LimeWire). If Apple is forced to weaken their security, how can they retain pursuit of providing the highest quality product in the market? In the words of Ron Swanson, “capitalism is the only way.”

ZJL