IT Legal Regulations, Compliance, and Investigation

Requirement

BACKGROUND: Syed Rizwan Farook, an environmental health inspector, and wife, Tashfeen Malik, on December 2, 2015, killed 14 co-workers and wounded 17 others at the Inland Regional Center, a Social Services Center in San Bernardino, California that provided services for disabled individuals. Farook was carrying an iPhone 5c, which the FBI believes contains information that would assist them greatly in identifying accomplices,
and other third parties who assisted in either planning and/or carrying out the attack, provided weapons, or who communicated with Farook about other future planned attacks. The FBI has been attempting since December 2015 to unlock Farook’s iPhone in order to get access to information that the phone may contain. However, they have been unsuccessful in unlocking the phone. They have met with Apple and other tech leaders for assistance in unlocking the phone. The FBI requested of a Federal Judge in California, and received, an Order directing Apple to create a backdoor into Farook’s phone in order to unlock access to it so that the FBI will have access to this information. Apple has, to date, defied that Order asserting that to comply with the Order would undermine the privacy of iPhone owners around the world. They also assert that it would be bad publicity for them. The debate has become one of national security vs. personal privacy.
Please read the below articles, and do your own research with regard to the facts. Then
1. Cite the sources that you have accessed for your research;
2. Explain your understanding of the facts of the case with as much detail as you have available to you, including developments in the case since your assignment was given;
3. Identify the pros and cons (reasons in favor of Apple unlocking Farook’s iPhone and reasons opposing unlocking the iPhone);
4. Contract the relative importance of Apple’s privacy argument vs. the Government’s national security argument; and
5. Conclude by giving your opinion as to who is right. That is, tell which side of the argument you favor and support your conclusion.

Case Merits

There is a legal tussle that is underway between Apple Computers and FBI and the issue is about getting access to the data stored in an Apple’s mobile phone being possessed by a person named Farook. FBI wants this to be done with the help of Apple itself, but the latter is refusing the request because it feels that this step would put the privacy of its customers in absolute jeopardy. The case of former CIA agent turned whistleblower - Edward Snowden, reminds everyone of such a scenario. So, Apple Computers has taken a firm position to safeguard the interests of its customers come what may. Irrespective of what has been said about the case so far, a progress has clearly been seen related to it. In a recent hearing of the court, the Federal government got a bleeding nose – so to speak, when federal judge James Orenstein straight away denied the request to unlock the phone. It was observed that the case will take at least two years to reach the Supreme Court. In the meantime, FBI is hell bent in pacifying Apple to bring it down from its stated position. However, a great amount of support is being gathered for Tim Cook’s decision from every quarter and it has stretched the fighter. According to a news article dated 4th March 2016 printed on US News, a constitutional laws professor of Harvard Law School stated that The Supreme Court will not consider it until Apple argues the case in the U.S. Court of Appeals for the 10th circuit.

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Apple Should Cooperate to Unlock the iPhone 5c

In view of the case, Apple Computers should cooperate with the FBI in unlocking phone of a person named Syed Rizwan Farook. But Apple, on the other hand, is planning to make the iphone more secure and impenetrable so much so that it won’t give any options to retreat backwards. FBI desperately needs apple’s help to unlock only one among 70 unlocked phones by the company. FBI argued in the court of law that the code required to unlock Apple’s phone should be kept with the company itself because it is only concerned with the data not challenging anyone’s privacy. It also argued further that it does not intend to possess the phone and the data extraction process can take place at Apple’s facility. However, even for the sake of argument, we assume that the code required to extract the data of Apple phones, is in the possession of FBI, nothing significant will happen because FBI still has to take Court’s permission to do so. A twist came in the case, when it was disclosed that the phone owned by Farook was actually belonged to San Bernardino County government which has already allowed FBI to investigate the content of Farook’s phone. Therefore, Apple should not be objecting whatsoever.

Apple Should Not Cooperate in Unlocking the iPhone

The users of Apple phones deeply rely on its encryption policy so that their privacy is completely secured and not feel any need to bother every single day as to what they are going to do with their phones. According to the Court ruling, the access allowed to Farook’s phone can go a long way to have a profound impact as to how the security be seen in the country. Also, Apple Computers and other companies in the market can come on the verge of losing the trust that they have earned in the recent years in the wake of powerful encryption and data security features. As per the statement made by Apple’s CEO Tim Cook, “it is very dangerous to compromise privacy of our personal information because it can put our personal safety at risk, which is why, the encryption has become so important for us”. Therefore, there is also a growing concern for the safety of data from hackers and criminals who are always out for data for their personal benefits. Hence, it is fair to suggest, at the end, that Apple should not unlock Farook’s phone and allow the federal government to figure out their own set of solutions without taking Apple onboard.

Apple’s Privacy Policy vs. Government’s National Security Argument

The privacy policy being mentioned by the Apple Computers appears to be favoring the customers’ concern over privacy and security. In contrast to that, the security agencies have the argument that getting hold of the information will help them put a better security in place because the national security cannot be compromised. That is, Apple’s position is that it doesn’t want to allow the access because it will jeopardize the privacy of the users, while agencies’ position is to secure the nation, so access is important. In the wake of argument between these two entities, a lot of other issues have come to the surface such as the interests of all the smartphone users have been take into consideration by a single decision. However, both government and Apple Computers conveniently forgetting the fact that the latter allowed 70 phones earlier. Also, the ongoing tussle have become a matter of national interest for all the stakeholders.

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Conclusion

By observing this case and the facts associated with it, my opinions are tilted towards the maintenance of national security rather than public privacy. So, I am of the view that Apple Computers should allow FBI to get the access to the Farook’s iPhone because the security of the whole nation is of paramount importance than the privacy of a single individual. It is possible that due to the encryption policy, certain terror networks can go unnoticed because of the inability on the part of the government and that will be more grave situation for the country. However, I am also of the view that the government security agencies should respect the privacy of the citizens and therefore should refrain from getting access to the account profiles the people unnecessarily. 

References

  • Isaac, M. (2016). Explaining Apple’s Fight With the F.B.I.. Nytimes.com. Retrieved 20 March 2016, from http://www.nytimes.com/2016/02/18/technology/explaining-apples-fight-with-the-fbi.html

  • Sell, N., & Louie, G. (2016). The two misconceptions dominating the encryption debate. TechCrunch. Retrieved 20 March 2016, from http://techcrunch.com/2016/03/13/us-security-policy-gets-it-all-wrong/

  • Smith, C. (2016). Why the NSA shouldn’t crack the San Bernardino shooter’s iPhone for the FBI. BGR. Retrieved 20 March 2016, from http://bgr.com/2016/03/18/apple-fbi-iphone-nsa-hackers/

  • Weise, E. (2016). Witnesses to be called in Apple vs FBI hearing. USA TODAY. Retrieved 20 March 2016, from http://www.usatoday.com/story/tech/news/2016/03/18/witnesses-called-apple-v-fbi-hearing-san-bernardino-riverside-judge-pym-shooting-terrorist-syed-rizwan-farook/81977100/

       

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