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To: Kenny500c
Wrong, there is a lawful warrant that Apple does not want to obey. You try that sometime and see what happens.

No, Kenny, you are wrong. Apple has NOT received a warrant for any search of an iPhone.

A Search Warrant is served for something for which Apple has in its possession. Apple did have the iCloud data for the terrorists in its possession, received a warrant for that, and dutifully surrendered everything they had. This is a Court Order to render assistance but even more, it's a Court Order instructing Apple to use its resources to create NEW SOFTWARE and/or hardware that will forever break its own proprietary company secret hardware/software code that's unbreakability is a primary advantage Apple's hundred billion dollar product has in the market.

That Court Order relies on a 1789 Law called the All Writs Act which compels cooperation only when it is not an undue burden on those who are being compelled. The courts have ruled that an "undue burden" only exists when that burden is doing something they ALREADY do in the course of their ordinary business. Creating something that will damage their ordinary business is NOT something any business would do in the course of their ordinary business, ergo, it meets the test for being an "undue burden."

In addition, the All Writs Act is very constrained in that it cannot be used for anything that Congress has ever, EVER, addressed with the intent of legislating, whether they took action or not. Even if they did not finally decide to act, the very act of considering taking action, the Court may NOT substitute its wisdom for that of Congress' in determining that the proper course is to do NOTHING if Congress so determined that was the course to take. However, in this case, as the article points out, Congress actually DID SOMETHING and addressed this very thing in the Communication Accessibility for Law Enforcement Act of 1994 (CALEA) and prohibited Law Enforcement or its agents from requiring a company such as Apple from doing what the FBI (which the last time I looked was defined as a Law Enforcement Agency) from requiring the decryption of any device which they have manufactured, or placing any feature or software or hardware specifically on such devices for that purpose. The FBI, by using the Court, is attempting to do exactly what FEDERAL CALEA LAW, written by Congress specifically to reign in the over reach of their power, prohibits them from doing!

Apple is doing exactly what is lawful, resisting an illegal court order.

47 posted on 03/13/2016 4:25:05 PM PDT by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue..)
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To: Swordmaker

Wrong, LE needs to access the phone to see who the murderers were in contact with, Cook should be thrown in jail until he complies, he has no defense. Lives are at stake. Time is of the essence.


49 posted on 03/13/2016 4:29:20 PM PDT by Kenny500c
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