Okay, I want to ask a devil's advocate question to this. Does this suggest this is no longer about a single iPhone?
The specific situation we're looking at is about a single iPhone. If it is possible to break into an iPhone, it is likely that courts in the future will order phones to be broken into. The courts have the right to order the disclosure of evidence. The only leg that I see that Apple has to stand on is that the method of breaking into a phone is not something existing. Normally, a court order requires the disclosure of something existing, not that the subject of the order has to develop something.
But see my comment in a previous post about the court being able to order a person to give up their code.
The administration of justice trumps privacy except in a few limited areas: Attorney/client privilege, certain religious communications, such as Catholic confession, limited doctor/patient communications, spousal communications and maybe a few others.
I have always wondered how one would know there is time critical information stored on a device if they do not know what is on the device.
In almost any search warrant, you don't "know" but you suspect and your suspicion is supported sufficiently to get the court to issue the order. In this case, the suspicion is that the person may have been involved with others, and the importance of finding that out is sufficient to get the court to issue the order. So if the agency making the request to the court can make a case that the iPhone likely contains time sensitive data, they could get their order.
Back to speaking as myself... Isn't this a Pandora's box about to be opened? Does anyone expect the FBI or other federal agency is going to turn this phone over to Apple to retrieve information with the expectation they will trust Apple and Apple will not have to give the cracking code to the FBI?
Each and every person shall be secure in their persons, houses, papers, and effects or none of us are.
Well, that's only until a court issues a search warrant for your person, house, papers and effects. The important thing is that the search for evidence is controlled by a court.
The principle point to this would be if Apple does not have the capability to do what is asked of them, can they actually be held in contempt?
No, if it can't be done you can't be held in contempt.
Next can the court compel them to do something that they themselves designed to be undoable?
The question is whether it is undoable. If it is undoable, they're off the hook.
I have heard some people suggest it is an easy thing to do. If it is so easy, why haven't the hackers employed by the FBI already done it.
I don't know how easy it is to do but I know that it will be easier for the designers to do it than for someone on the outside. But someone on the outside, who is knowledgeable and has the tools and equipment will be able to figure it out. We broke the Japanese codes, for example. If you really want to break into an iPhone, and you have the "best and brightest" working on it, you will break into it (if it is possible).
If you read some of the information on this Apple gets requests all the time from law enforcement on these issues. Law enforcement has even brought in phones that were not password protected.
There's a difference between receiving a request from a law enforcement organization and receiving a court order. The request carries no weight and can be legally ignored. Not so a court order.
http://www.businessinsider.com/gover...assword-2016-2
It is easy to imagine people in law enforcement not up on smart phones and not even knowing how to turn it on. Hand me one and I might accidentally call someone in Nepal.
jtk