[Cryptography] EFF amicus brief in support of Apple

Allen allenpmd at gmail.com
Wed Mar 9 16:04:56 EST 2016


> Clearly Apple and its lawyers think they have a strong Constitutional
case - but they're taking the cautious approach of also including the
lower-level defenses.

In fact, just the opposite.  Clearly Apple does NOT think it has a strong
constitutional case.  The reason I say that is because Apple has said, both
in its brief and in public statements, that there needs to be a public
debate and then Congressional action to determine how far companies should
be required to go to assist law enforcement.  If Apple believed they had a
strong constitutional case, then they would be saying Congress has no
authority under the Constitution to force us to help law enforcement, and
therefore no debate case closed end of story.  But they essentially have
already conceded Congress does have this authority by inviting the debate
and Congressional action.
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