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ACLU Shows How the Apple-FBI Fight Was About Much More Than One Phone (theverge.com)
Russell Brandom reports for The Verge: Apple's San Bernardino fight may be over, but the government is still seeking both Apple and Google's help in unlocking phones. New research from the American Civil Liberties Union shows 63 different cases in which the government compelled help from Apple or Google in unlocking a handset. It's unclear how many of the orders were filled, although companies often complied with such orders where possible before last year. The bulk of the cases target Apple, but nine of the orders also look to compel Google's help, typically to reset the password on a given device. The devices include phones from Alcatel, Kyocera, and Samsung, many of which shipped without the default device encryption that blocked the use of traditional forensic tools in the San Bernardino case.
It is, in my opinion, acceptable for law enforcement to demand cooperation from third parties when that cooperation is limited to turning over data which the third parties have in their possession. So, for example, if Joe Smith backed up his criminal plans to Apple's servers, and Apple has access to those backups, then it would be reasonable for Apple to turn them over to law enforcement when law enforcement presents a court-issued warrant for the backups.
The San Bernardino case was different because Apple didn't actually have the data in its possession. What the FBI wanted was not the data, but instead they wanted Apple to crack the security on the phone. One reason that is different is because it harms Apple to even admit that the cracking is possible. Apple was not a conspirator. The government should not have the ability to harm a private company to solve a case that the company is not involved in.
Put another way, if someone used a motel room to plan a terrorist attack, it would be reasonable for law enforcement to demand, again through a warrant, that the motel manager unlock the room. However, it would not be reasonable for them to go to the company who made the locks the motel uses and insist that they provide a master key. Even if the FBI accidentally dropped the only key to the room down a sewer grate, it would still be unreasonable to have the lock manufacturer reduce the security of their product.
Of course, all of that is just my opinion (which is what you asked for).
"If they are presented with a court-ordered warrant, they should cooperate to any extent possible."
GODDAMNIT NO! Not ANY extent. There are limits to what a court can ask. The court cannot ask for things that violate the Constitution. Warrants are not unlimited in scope in power, in fact they are supposed to very limited to enumerated specifics.
Good-bye
The FBI and city of San Bernadino both have a legal right to access the data, so why is it Apple's choice about if they will help them?
Sure, at the very least, San Bernardino has a "right" to the data on the phone. That is separate and different from saying that Apple is obligated to crack the phone for them.
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