The FBI tells us that its demand for a back door into the iPhone is all about
fighting terrorism, and that it is essential to break in just this one time
to find out more about the San Bernardino attack last December. But the truth
is they had long sought a way to break Apple’s iPhone encryption and, like
9/11 and the PATRIOT Act, a mass murder provided just the pretext needed. After
all, they say, if we are going to be protected from terrorism we have to give
up a little of our privacy and liberty. Never mind that government spying on
us has not prevented one terrorist attack.
Apple has so far stood up to a federal government’s demand that it force its
employees to write a computer program to break into its own product. No doubt
Apple CEO Tim Cook understands the damage it would do to his company for the
world to know that the US government has a key to supposedly secure iPhones.
But the principles at stake are even higher. We have a fundamental right to
privacy. We have a fundamental right to go about our daily life without the
threat of government surveillance of our activities. We are not East Germany.
Let’s not forget that this new, more secure iPhone was developed partly
in response to Ed Snowden’s revelations that the federal government was
illegally spying on us. The federal government was caught breaking the law but
instead of ending its illegal spying is demanding that private companies make
it easier for it to continue.
Last week we also learned that Congress is planning to join the fight against
Apple – and us. Members are rushing to set up yet another governmental commission
to study how our privacy can be violated for false promises of security. Of
course they won’t put it that way, but we can be sure that will be the
result. Some in Congress are seeking to pass legislation regulating how companies
can or cannot encrypt their products. This will suppress the development of
new technology and will have a chilling effect on our right to be protected
from an intrusive government. Any legislation Congress writes limiting encryption
will likely be unconstitutional, but unfortunately Congress seldom heeds the
Constitution anyway.