Moore: Apple’s Prudent Resistance to FBI Overreach

Monday, March 21, 2016

Russell J. Moore GoLocalProv MINDSETTER

When the news surfaced that technology giant Apple refused to unlock the phone of the San Bernadino killers, I reacted like most Americans. I thought it was ridiculous. 

Why wouldn't the technology giant assist the federal government? The government is only trying to keep Americans safe from harm. The company should do everything possible to help, I thought. Why shield suspected terrorists from scrutiny?

After all, it was obious that the two fanatical killers--a husband and wife duo radicalized by a perversion of Islam--were responsible. The husband encrypted, or locked, his phone. Thus, the authorities are unable to access it. 

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Not So Simple

Apple, the FBI asserted, had the capability to open that phone. That, in turn, would allow the FBI to access all the relevant information. The FBI would have access to the files, data, and even whereabouts of the killers prior to the attack.

Yet like most things in life, the situation wasn't as simple as the national press made it seem. One would think Apple could've easily opened the phone, according to the national media. The only thing stopping them, it seemed, was their obstinance. 

But then I took a step back and learned more about the case. I saw that the situation is not that straightforward. And it would have severe implications over the privacy of every single American. It would also have a chilling effect on the government's relationship with private companies. 

Chilling Implications

In reality, it's not simple for the company to unlock the phone. In fact, Apple CEO Tim Cook has pointed out that or Apple would have to create a new computer program for this. What's most disconcerting is that it would be able to unlock every single Apple phone in the world. 

That's because the company doesn't have a mechanism to unlock any single encrypted phone. Cook said it would take Apple 6 weeks to build such technology. He would need to devote 4 engineers to the project. That's not a problem for Apply. But it's not easy.

Apple's critics compare the situation to a law enforcement entity asking a safe company to open the safe of a suspected criminal. While it sounds convincing, it's an apples to oranges comparison--at best. When a safe company opens a safe, it doesn't need to create a mechanism to open every other safe in the world. Yet that's what Apple would need to do to fulfill the government's request. 

Apples and Oranges

That's because there's no way the company can open up a single phone. The way Apple phone's are designed makes that impossible. Instead, the company would need a program to surpass the privacy defenses of every single Apple phone.

Creating that program would open up Pandora's Box. It would reduce the privacy of every single American. The government would have the capability to decipher the contents of anyone's phone. And our phones, at this point, contain information about almost every facet of our lives. That's chilling.

It would also give the federal government unprecedented ability to order around private companies. Turning over evidence is one thing. But building programs to assist law enforcement isn't Apple's responsibility. If the government can order private companies around, they'll become an arm of the government.

Government Control

Further, the new unlocking mechanism would soon become useless. That's because other technology companies would create flawless encryption devices. Those companies would thrive. Apple would suffer. Thus, the American government is asking Apple to work against its own interests. 

Lastly, what happens when this new technology falls into the hands of computer hackers? Once Apple engineers create that program, miscreants will soon steal it. Once stolen, every single person's information will be far more less secure. 

It's not an easy issue by any means. We'd all like to know if the San Bernadino attacker's phone has important information. Perhaps that information would make us safer. It might contain information about other potential domestic terrorists.

But on balance, we're all better off and more secure without a super unlocking mechanism that could open any Apple phones. 

Russell J. Moore has worked both sides of the desk of Rhode Island media, both for newspapers and on political campaigns. Send him email at [email protected]. Follow him on twitter @russmoore713.

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