Jason D. Lamm Attorney at Law A Boutique Criminal Defense Firm Serving Phoenix

No Free Bites of Apple for the FBI

A recent and unprecedented federal court order compelling tech giant Apple to create a back door or hack to the iPhone has raised significant privacy issues and concerns that Big Brother is overreaching into the private sector. For those who don't know the backstory, the important points are:

  • After the massacre which occurred last year, police seized the suspects' iPhones as evidence.
  • There is a strong and very reasonable likelihood that those phones will provide forensic evidence concerning a link to terrorist organizations, such as ISIS.
  • Because of various security features built into new iPhones, such as the ones seized from the suspects, the FBI has been unable to access the phones.
  • The FBI has obtained a court order which requires Apple, a private company, to build or create a back door or hack into the iPhone so that the FBI can acquire the data inside.

Can the Federal Government Make a Private Company Do Work for Them?

Terrorism is very serious business and perhaps one of the greatest global concerns. It's an issue that Republicans and Democrats, Liberals and Conservatives, and even prosecutors and criminal defense attorneys can agree on. Drastic times require desperate measures. But where is the line drawn?

At what point should the Government be allowed to force private corporations and private individuals to assist in an investigation? This goes well beyond the police asking a homeowner to come into their home so that they can passively take surveillance photos. We are talking about tasking private citizens to do work that they never had an intention of doing, at their own cost and expense, to aid in a government investigation.

Will This Open the Flood Gates?

While this is a situation with which many people are uncomfortable, many are willing to sacrifice some rights and freedoms if it will stop terrorists. Lives can be saved by some cooperation and understanding on the part of the public. But if the court order is upheld, will the flood gates be opened such that local law enforcement will seek similar court orders to force the public to assist them in the investigation of murders, drug conspiracy cases, and white collar crimes? One day in the future, the Supreme Court will likely decide this issue. But until then, we are on a very slippery slope.

If Apple Protects Its Rights, So Should You

Apple is fighting in court to protects it's rights. When you are faced with a situation where your rights are in jeopardy, you need to protect them, just as Apple is doing. Most commonly, people's rights can be violated in cases of illegal search and seizure and involuntary confessions. Get help by contacting one of Phoenix's most expererienced criminal defense attorneys, Jason Lamm. With over 20 years of experience, Jason has defended individuals and businesses whose rights have been violated by police and other government agencies. He puts his clients first and gets results. If you are being charged with a serious felony charge and are looking to hire a Phoenix criminal defense lawyer who is willing to go to bat for you, contact Jason Lamm to set up a personal confidential consultation. And remember, you don't have to be Apple to hire the best.