Apple vs. U.S. Government: The Battle for iPhone Privacy
Background of the Apple vs. U.S. Government Legal Dispute
There have been legal disputes between Apple and the government of the United States regarding the privacy of information on iPhone smartphones. In 2015, a terrorist attack occurred in San Bernardino, California, killing 14 people and injuring many more (Jones et al., 2019). The police got into a shootout with two criminals who exchanged gunfire and shot at each other. These events prompted a massive investigation by the FBI.
After conducting searches in the shooters’ homes, many types of weapons and electronic gadgets were found, including an iPhone. After numerous attempts to crack the PIN code, the FBI requested that Apple redesign the software so that the government could access any smartphone. However, the company refused to rewrite the software for iPhones, as this would mean making them hackable.
Apple’s Opposition Based on Constitutional Rights and Security Concerns
In this case, Apple objected to the court’s decision because it violated the First and Fifth Amendments. The development and implementation of new software for iPhones can negatively affect the company and the experience of using its devices by customers. Making changes that the FBI demanded could negatively affect the security of all Apple devices, potentially leading to many hacks and a loss of trust from people. In addition, the company refused to comply with the requirement, as this would create a precedent when other countries could also demand access to their citizens’ data.
Government’s Legal Justification and Court Orders
The government forced Apple to comply with the order because the investigation needed to progress. In addition, the FBI had a strong argument, such as the All Writs Act of 1789, which gave the courts the power to issue any orders that must be carried out (Zottola, 2020). Thus, the United States government considered the court’s decision as an affirmative order that Apple must create alternative software. These actions forced the company to comply with the requirements; otherwise, it would be considered an offense.
The Importance of Privacy and Risks of Creating Backdoors
Americans should not give up privacy to improve security. Allowing different organizations to use backdoors in devices such as iPhones, Androids, or Windows laptops and computers can create an atmosphere of total surveillance and mistrust. Intelligence agencies must perform their functions in such a way as to prevent the creation of dangerous situations without getting into the personal data of citizens of the United States.
Confidentiality and the right to personal data are human rights that cannot be violated for any reason. Privacy is a fundamental foundation and value of American culture. This aspect must be preserved in American society, regardless of the circumstances. In addition, the creation of backdoors can be associated with many risks when fraudsters can hack into the devices of citizens, which will put their data at risk. Thus, bringing this idea to life is impossible due to side factors that will make using iPhones impossible.
The Role of Companies in Protecting User Data Beyond National Security
Companies must also defend users’ rights in cases that are not important to national security. My opinion does not change on this issue because any incidents that require technology companies to provide personal data should be rejected due to citizens’ right to their data. In addition, as mentioned above, such a precedent can create difficulties, as attackers can exploit the security system’s loopholes. If issues related to national security should not be a reason for changing the security policies of almost all private companies, then other cases should not be a reason either.
References
Jones, N. M., Brymer, M., & Silver, R. C. (2019). Using big data to study the impact of mass violence: Opportunities for the traumatic stress field. Journal of Traumatic Stress, 32(5), 653-663. Web.
Zottola, A. (2020). All Powerful? How the FBI’s Request of Apple to Unlock an iPhone Using the All Writs Act Fails the New York Telephone Test. JL & Com., 39, 157. Web.