In an open letter released early Wednesday morning, Apple
has refused a court order to unlock an iPhone belonging to Syed Rizwan Farook,
the shooter in the San Bernardino mass shooting. Although its opposition to the
FBI is largely for show, Apple is right in taking a principled stance against
the government.
The U.S. government has argued that the bypass software will
be used only once, and only for this particular phone in this particular
investigation. But the narrative is fiction. Its existence in
the first place would prove the iPhone can be compromised. Even if the code is destroyed
afterwards, Apple could simply be compelled to re-create it.
Apple is right in describing this as a dangerous precedent: the
company could be compelled in the name of national security to compromise
privacy and crack an iPhone before a crime is committed. Authoritarian
governments who have followed “all due process” could likewise compel Apple’s
cooperation. And a “master key” able to open any iPhone would create a tempting
target for everyone: hackers, terrorists, even disgruntled employees wanting to
hold Apple hostage.
There are wider implications as well: compliance with the
court order means that with enough arm-twisting, a business can be coerced to
compromise its customers for the sake of national security, creating a
disturbing precedent in the power of the people to stand against the government.
Other commentators have rightfully pointed out how the government’s actions are
a potential violation of constitutional rights. If code is indeed
speech, and the freedom of speech is protected, is the government in
essence forcing Apple to speak against its will by compelling it to write
software the company opposes?
Apple’s hardline stance may not be entirely philanthropic: The
tech industry took a bruising after the Snowden files
revealed widespread government monitoring and a degree of industry complicity. Since
then, Apple has made security a selling point, and would lose significantly if
it is seen to acquiesce to the government’s demands. Writing an open letter is an interesting
tactic for Apple to employ, and one that very few other companies would be
capable of pulling off. By making the dispute as public as possible, the
company leverages its greatest asset—an avid fanbase and a very popular
reputation—to galvanize support and increase pressure on the government to
respect Apple’s rights.
Ultimately, however, creating bypass software would raise a litany of issues fraught with implications regarding privacy and the principles that guarantee American civil liberties. Smartphones are still new technology, with the iPhone introduced less than a decade ago, and this remains uncharted territory. Apple’s opposition to the court order, and the government’s subsequent reaction, could shape the course of technology for years to come.
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