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US v. Apple
2016/02/26 08:13:08瀏覽166|回應0|推薦0

So, a hot topic right now is that Apple takes a strong stand against a court order requiring Apple to provide a software update that will allow the FBI to access the San Bernardino terrorist's iPhone.

I think both parties are overreaching here.  Apple's argument, which is based on the US Constitution, makes privacy right so supreme that no one should even think about breaching it.  This is extreme in my opinion.  Privacy right is never an absolute right in the Constitution.  Indeed, there is no mention of "privacy" in the Constitution. When the Constitution was made (including the subsequent amendments), people had no idea about privacy right.  Privacy right, however important it is, is indeed something later developed through case law, and is always subject to exceptions, such as public safety and national security.  So here you have it, the FBI bases its argument on public safety and national security.  But the issue with the FBI's argument is that why is Apple required to create something for the FBI so that FBI can solve an issue that it cannot solve itself?  It's the FBI's job to crack the iPhone, not Apple's.  I agree that cracking the terrorist's iPhone is a matter of public safety, maybe even national security; but the FBI should do it itself, not demanding Apple to do it.  The FBI is essentially saying: shit! this is too hard; I can't do it; so let's get that super smart nerd next door to do it, and if he does not want to do it, let's just beat him up until he complies.  It's plain bullying, except that the FBI is doing it under the cloak of "public safety/national security."

Here's my take on resolving this.  The Court should simply order Apple to turn over to the FBI the complete object code and source code of the iOS for the subject iPhone, no redaction, no withholding.  The court may require Apple to explain to the FBI how the each line of the coding works/means.  Then it is FBI's job to figure it out.  Of course, everything will remain in strict confidence.  It's just like a school test.  Apple gives you all the material you need, but if you are too dumb to beat it, that's your (FBI's) problem, not Apple's.  

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