Should Apple Comply with the FBI?

FBI Iphone hack

No.

If you haven’t heard, the FBI and Apple are battling over whether or not Apple must help the FBI hack into an iPhone. A court in California ordered Apple to help the FBI bypass the phone’s encryption, and Apple has refused.

To catch up on the full back story and what’s happened (as of March 6), read this article.

In my opinion, this is a dangerous overstep by the government. Apple should NOT be forced to comply.

The FBI isn’t simply asking for Apple to hand over data. They’re demanding that Apple create new software that doesn’t currently exist in order to bypass their own security measures.

In other words, the government is ordering a private company to do specific work. And, courts have held that software code is actually considered “speech,” so the government is ordering that private company to “speak” a certain way, in violation of the First Amendment.

This case really isn’t about search and seizure. The phone was lawfully seized by the police, and the actual owner of the phone (San Bernadino County) is cooperating with the FBI’s attempts to hack it.

What do you think? Should the government be able to force Apple to bypass its own security by creating new software?

Photo credit: iPhone 5C

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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