NEW YORK – First court victory for Apple in the confrontation with the Obama administration on digital privacy: facing a drug case, a federal judge New York ruled that the Justice department can not force the Cupertino company to unlock an iPhone. The judgment is opposite to that given by a California judge, who ordered Apple to create an ad hoc software to access the iPhone from one of the leaders of the San Bernardino massacre, sparking an international debate: on the one side and the Apple silicon valley, he decided to defend, along with its brand, the confidentiality of customer data, on the other hand the White House, asking for an exception for serious crimes such as the massacre in December in a center for social services in California, according investigators inspired by the Islamic state. For the legal Apple, Ted Boutrous, “it is not proper for the FBI to talk about a single case”, as indeed they have also noted the American media, listing at least a dozen similar incidents. A situation, says Boutros, who could land the matter before the Supreme Court, currently paralyzed by a perfect balance between Republicans and Democrats judges after the death of Antonin Scalia. In the meantime, however, the legislature should intervene, as advocated by the New York judge in his ruling, passing the ball to the Congress. “How to best balance these interests is a matter of crucial importance for the our society and the need for a response becomes daily more urgent, because technological advances beyond the boundaries of what also seemed possible a few decades ago, “wrote judge James Orenstein. “But the debate must take place now, and it must occur between legislators who are equipped to consider the technological and cultural reality of a world that their predecessors could not even begin to conceive of,” he added. But in the end to answer the question “is not whether the government should be able to force Apple to release a specific device, but if the law ‘All Writs Act’ (which dates back to 227 years ago and which regulates the decrees that the court may issue, ed) solves this problem and many others similar in the future. ” For Orenstein does not solve it, and then Apple is not obligated to help the FBI against his will.
- Topics :
- fbi-apple
- FBI
- apple
- apple-FBI
- privacy
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