Well stated Gerry
Correct me, but I interpret what you are saying is that the legal system can get search warrants if there is suficient grounds, to search for information in the persons premises or items, but not cellphones?
It is interesting, and yet another example these days of the laws not being kept up to date with the technology
From: "gerrysair@gmail.com [iPad]" <iPad@yahoogroups.com>
To: iPad@yahoogroups.com
Sent: Friday, 19 February 2016 11:56 AM
Subject: Re: [iPad] Customer Letter - Apple
This is an interesting topic.
You must keep in mind, of course, that Apple sells it's iPhones worldwide. Should Apple create a backdoor for US authorities, it opens up the possibility of the use of that option for state investigators in other countries. I live in Canada. While perhaps it might be not overly offensive if the option were available to Canada's RCMP or CSIS, or perhaps to investigator's in Tony's native New Zealand, what about countries like China or Russia or perhaps Saudi Arabia?
This possibility concerns me.
In Canada, authorities can obtain search warrants and production orders to obtain information from cell phones, computers and other devices. They can also seek the assistance of companies like Apple - even when those companies are in the United States - to help with obtaining data.
That said, there are limits to that. Investigators need reasonable and probable grounds / probable cause to believe that the information in question is on the device that was seized.
It sounds like that occurred in the San Bernardino case. Now the FBI wants to go one step further into their investigation. I think that the good of the many out way the needs of the one (state) in these cases. Even in a case as horrific as this shooting. There may be little of value on the phone. Or there may be lots of information. Investigators have other avenues open to them and I believe they should have to go those routes.. If they are unsuccessful then, while unfortunate, it is the price to pay for the freedom of privacy of everyone else.
I have read many of the cases concerning cell phone privacy and search and seizure law (work stuff). And I believe, on balance, the cases have it right. The FBI's reliance on an antiquated law is just plain bad for the rest of us.
Just my thoughts.
Gerry
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Posted by: Tony <tdale@xtra.co.nz>
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