Skip to main content

It' s the Fourth Amendment not Apple That Protect Privacy

Many of us are as ardent about preserving the Fourth Amendment protection against unwarranted search and seizure by the state as others are about the Second Amendment right to bear arms. It could be argued that if Fourth Amendment protections are honored, those who claim to fear the government will find it less important to arm themselves.


One of us has more than 50 years' experience in national security matters, including unheeded warnings of terrorist attacks on America. The other is currently the public prosecutor for Manhattan, one of the world's premier terror targets. Yet we yield to no one, including Apple executives, in our commitment to the privacy protected by the Fourth Amendment.

If law enforcement is required to show probable cause to a judge that a crime has been committed or is being planned in order to execute a search, that burden -- not warrant-proof encryption -- is the strongest protection of our privacy from state intrusion.

It is within the context of this inalienable Constitutional right that the current controversy over encryption of an Apple iPhone, used by a deceased terrorist in San Bernardino, arises. A federal magistrate has ordered Apple to provide unique software code to help disable a security feature on this phone so that federal investigators can determine if the perpetrator was communicating with others in a network -- others who might themselves be plotting similar attacks.

Supported by other companies in the communications technology industry, Apple is resisting the court order on the grounds that providing sworn federal agents with secret software code to assist in their unlocking of one device will jeopardize the privacy of its millions of customers.

Apple and its peers care about selling electronic devices. We care about the rigor of the Fourth Amendment and the security of the American people. Protecting security and privacy, as it has been endlessly pointed out, requires a delicate balance of interests. But the case under discussion rests on its own facts, and those facts are that the privacy of the owner of this phone is not at issue. He is dead. He committed a brutal act of terrorism. And he may, or may not, have been part of a network. If he was, the security of the people remains at risk. Data on his phone -- this particular phone -- may help protect that security.

Apple and privacy advocates see this case as a dangerous slippery slope jeopardizing the privacy of millions of smartphone users. This is a false argument. The Fourth Amendment will require any future law enforcement agency to establish probable cause that a crime has been committed or is being planned before the unlocking of any future smartphone can be ordered.

It is the Constitution of the United States, not the commercial interests of Apple, that protects our privacy. It protects our security as well. Our judiciary is required by that Constitution to demand that the government establish probable cause case-by-case and phone-by-phone. That requirement, not the encryption technology of a private company, is our best protection from abuse.

Source : Huffington Post, Writen by Gary Hart

Comments

Popular posts from this blog

Hong Kong Lunar New Year Celebrations Erupt in Violence as Police Clear Food Stalls

Hong Kong's Lunar New Year celebrations have descended into chaos as police leared illegal food stalls set up on a busy junction for Lunar New Year celebrations, leaving dozens injured or arrested. Riot police used batons and pepper spray and fired warning shots into the air early on Tuesday after authorities tried to move illegal street vendors from a district in the city. Protesters hurled bricks at police as scuffles broke out, while other demonstrators set fire to rubbish bins in the streets of Mong Kok, a gritty neighbourhood across the harbour from the heart of the Asian financial centre. A police statement said that three men aged 27 to 35 were arrested for assaulting a police officer and obstructing police, while another three police officers received hospital treatment. Broadcaster RTHK said later that 24 people had been arrested. The scuffles broke out after police moved in to clear "hawkers", or illegal vendors who sell local delicacies, trinkets and ...

Trump Allowed Military To Set Up The Number of Troops in Afghanistan

The President of the United States, Donald Trump, has given the Secretary of Defense, Jim Mattis, an authority to to set troops deployed in Afghanistan. As reported by Reuters, the decision also allowed an opportunity for the secretary to increase the number of personnel in Afghanistan that are currently 8,400. The decision was taken shortly after Mattis warned Congress that the Afganistan troops which is backed by U.S. could not defeat the Taliban after 15 years of fighting. "We never win in Afghanistan. We will fix this as soon as possible," said Mattis said the Senate Armed Forces Committee, Tuesday (13/6), as quoted Reuters. Earlier, the General of U.S. Army, John Nicholson, also said that he needs "a few thousand" soldiers deployed in Afghanistan, as additional. Some officials said, U.S. estimated around 3,000-5,000 soldiers was needed for the air force crew and helped training the Afghanistan troops. However, other officials question the advantag...

Kit Harington Confirms He Filmed New Game of Thrones Scenes, But Only As A Dead Body

We're hardly waiting for it, Game of Thrones. We all know Jon Snow will be back in some shape or form this season, and at this point we're ready for the show to just come back already and stop teasing us. Enough with the cagey interviews, the oh-look-everyone-is-dead promos, and all the other taunting we've had to put up with for the past year. Just give us our beautiful show and let us be shocked in peace! Kit Harington, the portrayer of the dead guy in question, is the one who's confusing us this time. Instead of just saying "you'll have to wait and see," or some other kind of spoiler-free stock answer about future plot points (like he gave last time he was asked), Harington is now just feeding us lies. In an interview with Time Out London that was supposed to be about the West End play he's in, Harington claimed he's done with Game of Thrones. "Look, I'm not in the show anymore. I'm definitely not in the new series,...