Why Apple Must Win Vs. The FBI

In this country we have rights. Under the 6th Amendment we have very specific rights

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.“

In the current case facing Apple (AAPL), the terrorists who had possession of the phone are deceased. However, in one of the next times Apple is called upon to open up a phone to enable access, chances are good that the person in possession of a phone during an illegal and possibly heinous act will be alive, be an American citizen and demand “to have the Assistance of Counsel for his defence”

In the event Apple loses the current case to the FBI, setting a precedent that they can be compelled to unlock phones for the FBI and other government agencies,  each and every defendant in such cases will have the assistance of counsel for their defense. What do you expect every defense lawyer to do in order to protect their client who has had a phone opened?

Once the phone is “cracked” by Apple or any device or Operating System developer, whatever is found by the FBI or whatever government agency is involved, is going to be labeled “planted” or false evidence.  The defendants lawyer is going to scream as loud as they can that whatever was found was not originated by their client. That Apple, in cahoots with the government agency, modified their software to not only unlock the phone, but to also write to the device everything the government agency needs to gain a conviction. Pictures. Texts. Logs. Files. Videos. All originated and/or imported by the code in order to gain a conviction.

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