the idea that issa gave though is a damn good one honestly. almost like @wendell said where the data stored on icloud cant protect itself. well the data not running on the phone cant protect itself
This was fascinating to watch, from a legal standpoint as someone with a law degree. Even though I'm not from the US. I loved the "bad cases make bad laws" argument, and I agree fully. Can you imagine the havoc that this would bring if law enforcement (and criminals ultimately) were granted such power over the population based on nothing more than an assumption that they might find something useful on the phone? What a terrible idea.
I loved some of the arguments and questions that were asked. I found two arguments particularly interesting that I don't remember hearing about anywhere else. The exhaustion of other options that are available to FBI prior to asking Apple to build a new tool (didn't even ask Apple for source code, yet they say it's impossible), and how would the FBI even know if Apple is complying with the court order.
That was a good question. Apple could easily say that they've been trying but they just can't do it. Even if they set a precedent it would be a bad one because it couldn't be effectively enforced. And if you can't enforce a precedent you need new laws. Those new laws would be terrible. They would have to undermine the very nature of encryption, privacy and ability of tech companies to develop and innovate new technologies without interference from government. It would basically open the door to literal fascism.
I can not remember who on the panel said it. But some man said that if a defendant was in court being sued for attempted murder, murder, or for shooting someone. The defendant could say that he didn't do it because he does not own the gun that was used, or something like that, and can ask the court to have the bullet removed from the plaintiff to prove whether or not he really committed the crime. By comparing the ammo that he has from the ammo that is inside the person. If the plaintiff does not want to have surgery to remove the bullet the case gets thrown out or delayed.
I can not remember word for word what was said but that was interesting.