You and I agree on the importance of the 4th amendment. And the whole constitution is an amazing document.
My point is this. The government does NOT have a right to compel a citizen to perform an action if it’s involuntary. Period end. The exception is if it’s for a crime or punishment for that citizen, not a 3rd party.
It’s black and white in the constitution, namely the 13th amendment.
The government can have at it, they can bring their employees to the party, and conduct government work to brak that phone and derive intelligence. However, asking a third party and going so far as to compel them at the end of a barrel to work or serve the government is not a right the government possesses.
Apple does NOT work for, and is not a government run entity. They can not legally be made to hack a personally owned device of the scumbag. That would be involuntary servitude.
“My point is this. The government does NOT have a right to compel a citizen to perform an action if itâs involuntary.”
Few criminals has ever turned over anything voluntarily. They are found as result of investigation through use of subpoenas or warrants. If they refused to comply, the next step was taken. The court gave Apple 5 days to comply. We don’t know what that next step is.
I am baffled by your statement. People are compelled to turn over evidence and/or property all the time, third party or not. Someone who is helping to conceal ANYTHING in an investigation is naturally covered by the law.
“Indentured servitude (which is laughabee for a 50 billion dollar a year corporation) does not apply. The contention they do not have a key but can build one (which they say can be done) is not only understood, it is covered in the court’s filings, which provide for compensation, if required. However, Apple has already admitted it exists so it isn’t an issue.
You haven’t fully read and understood the case. You certainly haven’t read this thread.