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Both Sides Are Right in iPhone Privacy Debate

3/1/2016

 
By Mark Grabowski

A moment of mass collective commentary ensued after Apple refused to help federal investigators break into the iPhone of a deceased terrorist.

Privacy advocates and media pundits lauded Apple for protecting Americans’ rights, with the New York Times dubbing its CEO Tim Cook a “bulwark for digital privacy.” 

Meanwhile, the Obama Administration labeled it a “marketing strategy” and Republican presidential frontrunner Donald Trump called for a boycott of Apple until they comply.

Both sides are right and both sides are wrong. The U.S. government is setting a dangerous precedent with its overreach that could undermine innocent Americans’ privacy. But Apple also deserves a boycott.

Citing the All Writs Act of 1789, a federal judge last week ordered Apple to help the Federal Bureau of Investigation access information an iPhone used by a gunman in the December 2015 mass shootings in San Bernardino, Calif. In order to comply, Apple says it would need to create a backdoor into its popular smart phone’s operating system.

The government, in turn, could use this new technology as a “master key” to invade the privacy of “tens of millions of American citizens” by intercepting their messages, accessing their health or financial records, tracking their location, or even accessing their phone’s microphone or camera without their knowledge, the California-based company's CEO warns.

Cook wrote in an open letter that “the U.S. government has asked us for something … we consider too dangerous to create … We are challenging the FBI’s demands with the deepest respect for American democracy and a love of our country.” The Obama Administration responded that the device was an “important national priority” and would only be able to be used on one phone. Sanctimony abound.

Apple sure doesn’t seem to love America or respect its democratic principles. It’s a corporation with a history of allegedly evading taxes, shipping American jobs overseas, engaging in unsafe labor practices, using child labor and violating human rights – all while making record profits. Now Apple is defying a court order in a country renowned for its rule of law.

Apple doesn’t seem concerned about consumers’ privacy, either. It sought to patent a technology that would allow outsiders to remotely control cameras in an iPhone. It reportedly worked with the National Security Agency to help it mine customers’ data. Apple also faces federal class-action lawsuits for allegedly transmitting iPhone and iPad users’ personal information to advertisers. These are just a few examples of its many intrusions.

But, while Apple’s stated motives in this case may be disingenuous, it does have a point: The government’s demand poses an incredible threat to online security and privacy. It’s the latest attempt by our national-security state to undermine citizens’ constitutional rights in some desperate attempt to combat terrorism. Given their track record, there’s little doubt federal authorities would use this device to conduct gratuitous surveillance on innocent citizens.

Americans need to demand more from the establishment – namely, the world’s most profitable company and their own government.

Apple may have great products, but the means they use to make them don’t justify the end. Consumers have too long been apathetic about this. A 2013 study by Cone Communications found, “Nine-in-10 global citizens say they would boycott if they learned of irresponsible behavior.” Yet, somehow 72 percent of adults view Apple favorably and only 15 percent unfavorably, according to a 2013 Washington Post-ABC News poll.

Ordinary consumers can hold Apple accountable through a global boycott similar to the one against Nike in the 1990s that forced the best-selling brand to change its corporate ethics.

Americans also need to assert their privacy rights. According to a 2015 Pew Research Center poll, most Americans don’t seem to be all that concerned about government surveillance. Only 17 percent reported that they were “very concerned” and 35 percent were somewhat concerned.

As founding father Ben Franklin famously said, “Those who sacrifice liberty for security deserve neither.” Americans must call on their lawmakers to pass legislation on this issue rather than leaving the FBI to invoke a law that predates the FBI's, much less the iPhone's, existence. 

It’s time to update our laws and upgrade our consumer ethics.

Grabowski is a professor and lawyer who writes on current events each month. For more info, visit markgrabowski.com.

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    Professor and lawyer Mark Grabowski provides award-winning commentary on current events each month. Currently, the 700-word column appears in newspapers in Alaska, Arizona, California, New York, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia and Washington, D.C. For more info, email ProfGrabowski [at] gmail.com.

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