Posted on 03/13/2016 1:21:37 PM PDT by Swordmaker
Three months past the crime is only because of Apple’s refusal to comply. Like someone who kills their parents asking the court for mercy because they are an orphan.
We are dealing with murderers here, dead murderers at that who have no privacy rights anyway yet you defend them? But you choose to attack me instead because of your indefensible position.
LE needs the info to prevent possible future crimes, they have probable cause and have gone to court, ducks are in order, we will see what happens.
“The proper conclusion is the opposite...”
Yeah, his ignorance of the tech was displayed- epically.
I find the ‘legal’ writings on this issue poor on technical knowledge, and the ‘technical’ writing poor on legal understanding.
And those with knowledge of both too specialized to see the big picture.
However the NY judge wrote an admirable opinion and I look forward to the same from the Calif. judge.
I think the NSA could crack this phone with a little work, but chooses not to do so simply so the FBI can expand its power.
Above all, the problem here is caused by a failure to secure the borders against Islamist infiltration, and to clean out Muslims who are tied to terror. And I am sick to death of having both my dignity and liberties insulted and constricted because the government prefers to treat Americans as criminals and foreigners as privileged.
You've more than proved my contention you are not a lawyer. You bluster and keep obfuscating the issues and never address the very issues we bring up, nor do you have a grasp of the facts in this case at all. You do not exhibit a lawyer's mindset at all. Not one bit.
We are not talking at all about late and certainly not lamented Farouk's and Malik's privacy rights one even tiny little bit, but rather the rights of the users of the over ONE BILLION iOS devices around the world who are relying on the absolute security of those devices to do banking, use ApplePay, keep financial records, do online purchases with credit and debit cards all with complete confidence, security, and knowledge that their data and identities are safely locked behind an unbreakable wall. Some of those users are living in countries where their own governments would KILL them because of the mere religious opinions they may have expressed privately in the records on their phones or the secure iMessaging system! That is the privacy we are concerned about.
You ignore the completely LEGAL defenses to the court order we have raised and say our position is indefensible, but a Federal Magistrate Judge in New York just ruled in Apple's favor in a case using an All Writs Act Court Order to unlock an iPhone in which Apple argued on those very points of law. The Judge agreed it was UNLAWFUL for the court to use the All Writs Act, or for the FBI to even request the order due to CALEA, and found the court (his own) had erred in issuing an unconstitutional court order, on separation of powers grounds. Seeing as how you may be rusty on law, that's a case law precedent!
No, you are just pulling made-up "facturds" out of your rear now. The FBI went to court on a Friday afternoon, February 19th, with their proposed court order in hand and got Federal Magistrate Judge Sheri Pym to sign off on it without Apple's knowledge. . . while Apple was still working with the authorities. They held a Press Conference to announce the Court Order!
The San Bernardino terrorist attack took place 78 days before the FBI bothered to get that court order. Had they thought there was such a "time is of the essence" goldurn RUSH to get into it, they would not have waited more than 2 ½ months to do it, or waited until late Friday, just before a weekend, when no action could be taken either!
Judge Pym accepted the FBI's proposed language, thinking it of such no consequence, it was signed by her clerk with a rubber stamp!
“Trump on the rise in Ohio. Watch for Rubio to drop out tomorrow. Just sayin’.”
Sure you’re on the right website Kenny? FR stands for the rule of law, not the rule of government expediency. You might be more comfortable over at DU.
” I think Apple, like anyone else, has to comply with a court order, but I may be wrong.”
I don’t think any court order that violates the Constitution will be upheld. In this instance, the FBI is just bull$hitting some idiot judge. I have seen several legal scholars on TV who are saying the Apple will win the day just as the analysis of this post postulates.
Fine. Be the first to step up and surrender access your SSN, bank access codes, credit card security, etc. to our dictatorial government.
But keep this in mind: courts have ZERO RIGHT to dictate and enact law.
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In fairness to the NSA, they were not asked for assistance, because if they'd cracked into the phone the FBI wouldn't be able to use it in an attempt to set a powergrabbing precedent.
Given the obvious conclusion that all the crime-related stuff was on those phones, not the iPhone, I don't even see how the warrant was issued in the first place.
Since Apple did not comply it looks like they are going to have to hand over their entire operating system. Then the NSA and other Feds and Gov’t contractors can figure out how to retrieve what they want. Saying that Apple won’t hack its own phone so it will forced to hand over its OS so that others can. A real cluster for the Cupertino foam party bois and only a few court decisions away.
Developing!
The top NSA geeks can crack that iphone within a week. The FBI will take a year or so depending on what outside contractors they bring in. The in-house expertise is not there..
What bothers me the most is that a lot of the anti-terrorism laws put into place are now being routinely used to "supercharge" ordinary criminal offenses by Americans.
So any crisis is used by our government not to address the crisis itself, but as an opportunity to put the screws to the American population.
Of course, that's because the government views us as the primary threat to their own power, not al Qaeda or ISIS. We're also a lot easier to grab because we don't fight back.
The TSA is one of the finest examples of habituation to despotism put into practice I've ever seen: even the old commissars would be amazed.
The iPhone 5C in question was found in the possession of the terrorists at the time of their deaths, in the back seat of the Lexus SUV. There may not even be a requirement for a search warrant as it was found at a crime scene, and the owner of the iPhone, the San Bernardino County Department of Public Health, has voluntarily given permission open it and to get anything they want off it.
The FBI has already admitted it "doesn't expect to find anything" on the iPhone. They say it's just about "doing their due diligence" and "checking everything" and "leaving no stone unturned". This is the same organization that left everything in the Terrorists' apartment unsecured and unguarded, including things I would have expected to have been seized, and then let the press go through it photographing everything they wanted, corrupting the site, taking thing if they chose, leaving things, touching things, etc.
Trust Baron Dennis von Münchhausen to come up with the bass-awkward conclusion. The FBI is making an empty threat. The courts have no power to any such hand-over. That WOULD be an over-reach to end all over-reaches.
Be careful what you wish for here.
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