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EFF On Why FBI Can't Force Apple To Sign Code (boingboing.net)

New submitter Kurast writes with this article at Boing Boing: Code is speech: critical court rulings from the early history of the Electronic Frontier Foundation held that code was a form of expressive speech, protected by the First Amendment. The EFF has just submitted an amicus brief in support of Apple in its fight against the FBI, representing 46 "technologists, researchers and cryptographers," laying out the case that the First Amendment means that Apple can't be forced to utter speech to the government's command, and they especially can't be forced to sign and endorse that speech. In a "deep dive" post, EFF's Andrew Crocker and Jamie Williams take you through the argument, step by step. (You can follow along by reading the brief itself (PDF), too.)

5 of 252 comments (clear)

  1. Re:It doesn't matter by HornWumpus · · Score: 4, Interesting

    Ultimately it shouldn't matter...

    Because the next version of all smart devices should not update unless unlocked.

    Let the FBI put that in their pipe and smoke it.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  2. Re:It doesn't matter by mark-t · · Score: 3, Interesting

    Sure... Unless laws are passed that outlaw the sale or import of any devices that the manufacturer or service provider cannot unlock upon request with a warrant.

  3. Re:YES!! by ClickOnThis · · Score: 3, Interesting

    Even if that fell under "free speech", you are completely free to design and even BUILD a car without that stuff. What you can't do is drive it on public roads with other drivers.

    Applying the car analogy back to the current topic: perhaps Apple can create an unhackable iPhone, but would they be allowed to let it emit radio signals?

    The radio spectrum, like most roads, is public property.

    --
    If it weren't for deadlines, nothing would be late.
  4. Re:Code is not speech by fizzup · · Score: 4, Interesting

    Have you never seen COBOL?


    PROCEDURE DIVISION.
    Calculator.
            PERFORM 3 TIMES
                  DISPLAY "Enter First Number : " WITH NO ADVANCING
                  ACCEPT Num1
                  DISPLAY "Enter Second Number : " WITH NO ADVANCING
                  ACCEPT Num2
                  DISPLAY "Enter operator (+ or *) : " WITH NO ADVANCING
                  ACCEPT Operator
                  IF Operator = "+" THEN
                        ADD Num1, Num2 GIVING Result
                  END-IF
                  IF Operator = "*" THEN
                        MULTIPLY Num1 BY Num2 GIVING Result
                  END-IF
                  DISPLAY "Result is = ", Result
            END-PERFORM.
            STOP RUN.

  5. First Amendment rights and Citizens United vs FEC by Phiz · · Score: 5, Interesting

    It would seem to me that EFF's line of defense is dependent on the Citizens United vs Federal Election Commission, where it was ruled that corporations have the same constitutional rights to free speech as people. If Apple did not have such a right, then the government could force them to produce and sign code. I personally was unhappy with the Citizens United vs FEC ruling, but this is an area where it could have a positive impact on me.