the fbi vs. apple: framing the debate

Framing the DebateMike Chapple, Ph.D.

University of Notre Dame

mchapple@nd.edu @mchapple

vs.

iPhone 5cFound in the

suspect’s Lexus

Investigators obtain a search warrant

But don’t know the passcode!

Apple receives a

court order

Government Demands1. Apple must “bypass or disable the auto-erase

function”

2. Apple must “enable the FBI to submit passcodes” to the device

3. Apple must “not purposefully introduce any additional delay between passcode attempts”

Why do these features exist?

All Writs Act of 1789

Courts may

“issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”

Ted Olson responds

on behalf of Apple

First Argument

“The All Writs Act does not provide a basis to conscript Apple to create software enabling the government to hack into iPhones.”

By This Same Logic…“If the government can…compel Apple to create a special operating system that undermines important security measures…”

“It could argue in future cases that the courts should compel Apple to create a version to track the location of suspects, or secretly use the iPhone’s microphone and camera to record”

Second Argument

“The First Amendment prohibits the Government from compelling Apple to create code.”

Third Argument

“The Fifth Amendment’s Due Process Clause prohibits the government from compelling Apple to create code.”

What do you think?