A magistrate judge recently ordered Apple to comply with this request. Apple in turn filed a Motion to Vacate, arguing that in complying with the FBI’s request, the company would be forced to weaken a valuable encryption platform at a time when the United States desperately needs stronger, more effective encryption. And... this week Apple is appearing before Congress to address the issues raised. The legal grounds for the FBI’s demand come from the Communications Assistance for Law Enforcement Act (CALEA) and the All Writs Act (AWA). Under CALEA, there is a strong argument that Apple cannot be legally required to create new software of any kind for any department of the federal government. Enacted in 1789 as a stop-gap that allows the government to efficiently administer its given legislative privileges, the AWA is being given an impermissibly broad interpretation by the FBI. Apple should do what is necessary to preserve our enduring constitutional values, including life, liberty and the pursuit of happiness. Those values also include the privacy and speech rights protected by the Constitution.
Read more... at TechCrunch
No comments:
Post a Comment