The government, in the course of a criminal investigation or intelligence gathering related to terrorism, can’t conscript private parties into its service. The government can require Apple to turn over anything relevant it possesses. It has no authority, in the course of an investigation, to require Apple to create something that doesn’t exist. And neither does a judge. That’s contrary to our system of law.
The question of whether there should be a general statute, enacted by Congress, requiring phone manufacturers to include a backdoor that would enable law enforcement in the course of an investigation to override security features is a different matter entirely. The manufacturers claim that would open up their phones to criminal hackers. Law enforcement officials assert differently.
I’m inclined to believe the manufacturers on such a technology question. Regardless, a general law hasn’t been passed by Congress. And until it is, the government shouldn’t be able to conscript Apple to create backdoor software that doesn’t currently exist through a court order in an individual criminal investigation, regardless of how important and high profile.
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