Thursday, February 25, 2016

Not O/T: But I Wanted To Read Apple's Moving Papers, First. . . .

First off, this concerns anyone who believes in at least some form of limited government, as envisioned by our founders.

Second, I wanted to see both sides of the argument, before weighing in. This afternoon, Apple filed its substantive answer to the FBI's demand -- and an ensuing federal court order -- for Apple to create a "whole cloth" piece of software, and disable an important facet of Apple's native iOS security and privacy measures -- which would thus allow a "brute force" attack, to by-pass password security, on any current iteration iPhone.

Having read the opposing arguments, as filed -- I am now completely convinced that Apple is in the right here. And I say so -- both from a Constitutional legal perspective -- and from the perspective of a moral application of our long standing sense of politics -- as generations of Americans have envisioned them, in the United States. This sort of a First, Fourth and Fifth Amendment "sea change" should come from the Halls of Congress, in the form of a new statute, if the nation (after debate) decides that is wise.

It should not come from an ex-parte ruling of a court, informed only by the law enforcement officers requesting it -- no matter how well-intentioned. So we, along with the Electronic Frontier Foundation, and many, many others -- stand with Apple. We are a free society, and we cannot surrender lawful exercise of our liberties, in some goofily blind expectation of increased security here. It won't deliver the desired end.

We will likely update the readership from time to time on this. This is vitally important. And in fairness, there is no need to demonize the FBI. I trust Jim Comey's integrity and good faith, here (based on well-documented history, not least of which played out in the Alberto Gonzalez-John Ashcroft hospital scene -- in the first Bush-Cheney term of office). Comey is a solid American, and an honest law enforcement officer. It just happens that he hasn't been granted, by statute the specific power he seeks here.

Now, off to sleep -- like little round rocks -- one and all. . . .

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