Friday, March 04, 2016

What are these legal 'professionals' doing?

The original document.

[quote]Apple has not advanced a single argument to indicating [sic] why the identification and prosecution of any outstanding coconspirators, or to detect and eliminate cyber security threats to San Bernardino County's infrastructure introduced by its product and concealed by its operating system, and Apple's refusal to assist in acquiring that information, is not a compelling governmental interest.[/quote]

You know what?  He's right.

Apple has not advanced a single argument addressing all those issues.

They've only advanced several arguments addressing *one of them* - and that is that compelling Apple to assist in acquiring that information does not pass Strict Scrutiny because

1.  The government does not have a compelling government interest in Apple writing new code.

And if you don't accept that

2.  The order is not 'narrowly tailored' to achieve that goal without being overbroad.

And if you don't accept that

3.  Its not the least restrictive means to achieve their goal - which is, I remind you, *not to decrypt the phone* but to prosecute a case against a bunch of people who are already dead. 

The phone decryption is just part of that investigation, a *tiny* part of that investigation.


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