Why Apple Must Win Vs. The FBI

The best way to disprove this allegation by the defense attorney?

Line by line publication of the code used to open it.  Reviewed by who knows how qualified and how many “experts” who will pass judgement based upon who paid them. Possibly a line by line presentation of the code to a jury of the defendant’s peers.  

Yes, the FBI and Apple would do everything possible to try to stop this presentation, but what if they can not?

Which is exactly why Apple must win the current case against the FBI. There is a near ZERO chance that the code created by Apple to break into their phones can stay private under current laws.

I also want to address the notion that we let the police or government agents  into our homes or that we allow some of our digital data to be acquired using warrants and subpoenas. The difference is in the ability for a defense attorney to be able to determine whether or not physical or digital evidence is false evidence.

With physical evidence, there are always risks of planted evidence, but the processes are in place to contest that evidence.

With digital evidence as direct data, the best, if not only way to prove that the code was not written to plant digital evidence is by showing the code. Which is exactly why I think this Apple vs the FBI case is nothing like any of the current search and seizure examples being given in the media.

In those examples, the software that creates, collects or aggregates that data can be presented to an open court without risk.

Want to see the devices, code and databases that collect, process and store your Easy Pass driving data? No problem. Seeing the process doesn’t open a door for you to hack into it and change it. A defense attorney can question the credibility or accuracy of that data and no one else except Easy Pass users are impacted or care. The same concept can be applied to the phone meta data about us that is collected by the phone companies, our social media footprint, whatever. We may not like it. In fact we may hate it, but reviewing and questioning the process or the data doesn’t create risk if that specific code or process is presented in court.

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Disclosure: None.

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