News and Articles

Apple vs. FBI – Technology and the New Legal Frontier

Yogi Patel - Wednesday, March 09, 2016

Mobile devices in general have arguably taken over as the main portal through which significant portions of people in our society communicate. And with the advancement of technology, the mobile device is now and will continue to become, the main portal through which we engage in every day transactions. We can now use our phones to engage in banking, ordering groceries, booking vacations, researching novel questions, storing our personal information and to do just about anything else we want. The amount of data that can be derived from our mobile devices can reveal just about every aspect of our day-to-day lives. From the websites we visit, to the phrases we search. Our phones, for better or worse, can probably reveal more about us than we could if we tried to provide our own narrative. Think about how naked and vulnerable you felt the last time you left home without your phone. For most of us, it has become a necessity. We truly cannot imagine life without our mobile devices – and this is not going to change anytime soon. We will undoubtedly continue to use our mobile devices to share even more personal information about ourselves. And with this in mind, consider the dispute between Apple and the FBI –which is ultimately between privacy and safety.

The iPhone is known for its nearly impenetrable security features and thus, is one of the many reasons that Apple’s products are considered superior to others in the market place. The latest challenge to privacy comes in the form of the unlocking the iPhone of one of the San Bernardino shooters. The FBI has been unable to unlock and access the device and is now relying on the courts to compel Apple to do so. Apple is not complying because it fears future implications of the government’s ability to access their devices.

While the FBI has only requested that Apple help the government access the gunmen’s iPhone, the broader implications of the request are the true cause of conflict and concern here. The government is essentially asking for Apple to create an encryption system that would provide them access to any Apple device after securing a warrant. The Government’s position appears to be carefully considered and narrowly tailored. Many experts consider this case as the “perfect case” for litigating the issue of privacy concerns against the governments need to access incriminating information in the evolving world where technology controls access. Since the case involves terrorism, the government’s interest in encroaching on privacy concerns is less likely to cause a public outcry and provides sufficient justification for the court’s to reach a decision allowing it to gain access to an encrypted system.

Besides the privacy vs. security considerations implicated here, this case also raises the issue of how far the government can go in requiring a business to perform functions that have no financial value to the Company. In this case, the FBI wants Apple to develop a new version of the iPhone operating system, whereby the new versions would allow the government to bypass the security features on its product. The sole purpose of this software would be to allow the government to have access to the data on such phones when appropriate. Apple’s shareholders do not stand to gain financially by cooperating with the government. In fact, developing this software would arguably weaken Apple’s overall security system and potentially have a negative impact on its market-share and subsequently the value of the Company to its shareholders.

The implication of this dispute also extends to how other privileges could be potentially compromised. Given that smartphones such as the iPhone store so much personal data, it is important to note that if the government were given such access, they would ultimately be able to access emails, photos, and text messages. This access would present challenges to right of privacy amongst privileged relationships. For example, confidential communications between attorney and client, marital communications amongst spouses and patient-psychotherapist relationship may be easily penetrable.

Other technology companies such as Microsoft, Google, Facebook, Twitter and Dell understand the implications of this dispute as well. Most have pledged support for Apple and are expected to submit Amicus positions in the pending litigation. These companies also fear that the government will make similar requests thus compromising their security and intellectual property.

 

This Article was co-authored by Asima Chaudhary, an intern at Lloyd Patel LLP and a second year law student at the City University of New York Law School.

 


Recent Posts


Tags

Employee Manuals and Policies Criminal Record Federal Joint Employer Rule Employer Mandate commuter benefits NYC Sexual harrassment law Public-Sector Union Fees Real Estate Law Arbitration Agreements Joint-Employer Relationship I-9 Verification Salary History Inquiries Sexual Harassment and Discrimination In The Workplace NLRB Sexual Harassment Prenup Business Law Transgender protections Alter-Ego Doctrine #meToo drug testing Employee Salary Histories Wage Theft Protection Act Fair Workweek Law New York Earned Sick Time Act Plastic Bag Ban Interview Series Unions Affordable Care Act New Address NYC Human Right's Law's workplace discrimination Marijuana Testing Federal Overtime Law Postnup Ban the Box Families First Coronavirus Response Act Wage and Hour Law Security Fair Labor Standards Act Unionization Negotiating Human Rights Law EEOC Filing Requirement Domain Name Employment Contracts Trademark licensing Fair Play to Pay Act National Labor Relations Board ACA Independent Contractor Glatt v. Fox Searchlight Pictures, Inc. Interns Browning-Ferris Case Internet Law sexual harassment training Privacy COVID-19 Minimum wage Firm Announcements Non-Qualified Stock Options Facebook Privacy and Litigation Freelance Isn't Free Trade Secrets Act Credit History Business Credit Trademark Law Fair Labor Standards Act (FLSA) Apple vs. FBI Tax-Deferred Savings Pregnancy Hairstyle Discrimination Womens Rights NYC Sick Leave Law Employment Law Mandatory Class Action Waivers Intellectual Property New York City Human Rights Law Overtime Exemptions Employment Offer/Agreement Federal Contractors Federal Acquisition Regulatory Council stocks Newsletter Westchester Safe and Sick Time Laws Immigration Status Fair Chance Act Worker's Rights Fair Work Week Legislation Payroll Scams Federal Small Business Assistance Attracting Investment marijuana usage Interns as Employees AirBnB Overtime Rules Sexual Harassment policy Divorce Workplace Requirements Paycheck Protection Program Out-of-State LLC Owners NQSO Right to Unionize Start-up Ventures Lactation Law entrepreneur Household Employees NYC Salary History Law National Labor Relations Act Health Care Westchester County implementing new leave laws NY payroll law Economic Injury Disaster Loans Trade Secrets U.S. Department of Labor Department of Labor Technology employment discrimination lawsuits $15 Minimum Wage Emergency Economic Injury Grants federal Department of Labor Executive Negotiation Paid Family Leave Housing Law Web Domains LinkedIn Glatt v. Fox Searchlight Pictures graduate students Corporate Law Nobel Prize Selling Business Credit Checks Nanny Audit Landlord-Tenant Law Illegal rentals Fair Pay and Safe Workplace Executive Order Executive Severance

Archive

EDIT - blog-container - This controls the styles for the headings

EDIT - BlogTagCloud - Font style

description

  • EDIT  - post-body - Font style

EDIT - side-panel - This is the colour of the sidebar headings

Snap | BC Module - Blog - Blog Description

Snap | BC Module - Blog - Blog Title

EDIT - Snap | BC Module - Blog - Date - This is the date box style

EDIT - Snap | BC Module - Blog - Post Content - Font style

EDIT - Snap | BC Module - Blog - Post Title - Heading style

EDIT  - Snap | BC Module - Blog - Sidebar Content - Font style

EDIT - Snap | BC Module - Blog - Sidebar Title - Heading style

latest blog title snap text

 

Disclaimer: Nothing on this website is or should be construed as legal advice.
An attorney-client relationship does not exist with our firm unless a signed
retainer agreement is executed, and we do not offer legal advice through
this site or any of the content located on it. For legal advice for your
particular circumstances, please contact us directly.