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Old 02-17-2016, 08:01 AM
 
11,755 posts, read 7,121,435 times
Reputation: 8011

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Huh? All Apple is saying is that it will appeal the District Court's decision . . . . it is the lowest court in the Federal Judiciary. It will take it up to the Court of Appeals and, if it loses there, petition the SCOTUS for a writ of certiorari. I have no doubt that they would comply with the final, non-appealable ruling. That's how it is supposed to work.

Personally, I like how this is playing out. I think privacy rights (which is paramount) has to be balanced sensibly with dire law enforcement needs. We all know that the FISA courts are totally rubber stamping machine. Forcing the LE to seek a Federal judge to publicly rule on breaking encryption on the merits and urgency on a case-by-case is a good compromise.

Mick
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Old 02-17-2016, 08:02 AM
 
79,907 posts, read 44,231,797 times
Reputation: 17209
I've been arguing for this for a long time and we are seeing more and more of it. Just tell the government "no".

If they put themselves above laws and regulations they can not expect the people to do otherwise.
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Old 02-17-2016, 08:02 AM
 
25,619 posts, read 36,717,554 times
Reputation: 23296
This will end up at SCOTUS. Unless NSA can crack it first, actually their off the books teams.

Problem is they used up all their 10 trys. Better get the next one right boys.

There is only one legal way around this and that is to pass a law requiring a backdoor for all encryption sold to the public.

Yeah that's gonna go over real well. LOL.
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Old 02-17-2016, 08:06 AM
 
Location: The Republic of Texas
78,863 posts, read 46,654,236 times
Reputation: 18521
Quote:
Originally Posted by Goodnight View Post
If there was a crime committed they could certainly open your safe, with or without your cooperation.

Yes, and in this case, the safe is a password locked phone. Like a safe to store valuables, the combination is there for the government intelligence to crack, to take the valuables inside.........
"They" better get right on that!
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Old 02-17-2016, 08:07 AM
 
21,481 posts, read 10,585,771 times
Reputation: 14130
Quote:
Originally Posted by Dbones View Post
Apple is wrong on this. They have no right to intentionally hide things from law enforcement. Once the phone is purchased by someone it is their property and LE has every right to get into it for evidence especially with a court order, encryption or not. Tim Cook is just trying to keep his name in the news.
You have to admit he's in a tough situation here. He's damned if he does and damned if he doesn't. The encryption technology was probably a selling point, but if in the end the government can force them to unlock it that selling point goes out the window.

The government may just have to do the investigation the old fashioned way.
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Old 02-17-2016, 08:11 AM
 
Location: The Republic of Texas
78,863 posts, read 46,654,236 times
Reputation: 18521
Quote:
Originally Posted by Bulldogdad View Post

There is only one legal way around this and that is to pass a law requiring a backdoor for all encryption sold to the public.

.

Then what would be the purpose for encryption in the first place?
If there is an unlocked backdoor, not only government would be able to get in the unlocked door.
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Old 02-17-2016, 08:12 AM
 
Location: San Diego
50,327 posts, read 47,080,006 times
Reputation: 34089
Quote:
Originally Posted by Goodnight View Post
If there was a crime committed they could certainly open your safe, with or without your cooperation.
Then the gubmint needs to get crackin that phone.
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Old 02-17-2016, 08:16 AM
 
Location: Long Island
57,317 posts, read 26,236,916 times
Reputation: 15654
Quote:
Originally Posted by 1AngryTaxPayer View Post
Then the gubmint needs to get crackin that phone.
Obviously they have the ability to open a safe but not a smart phone.
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Old 02-17-2016, 08:16 AM
 
Location: The Republic of Texas
78,863 posts, read 46,654,236 times
Reputation: 18521
All the government needs is a password and they are in....
What is the big deal?
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Old 02-17-2016, 08:17 AM
 
Location: Iowa, USA
6,542 posts, read 4,097,684 times
Reputation: 3806
Quote:
Originally Posted by Dbones View Post
Apple is wrong on this. They have no right to intentionally hide things from law enforcement. Once the phone is purchased by someone it is their property and LE has every right to get into it for evidence especially with a court order, encryption or not. Tim Cook is just trying to keep his name in the news.
If it's the consumer's property, then the consumer has rights to it. Why should Apple create software that would allow them to unlock other people's property? Sure, the court can demand evidence, and legally can make searches, but does that right to searching (even with a warrant) really include demanding that a company build new software that makes people's phone security weaker? I don't think so.
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