I thought this might add to the conversation. Mary Davidson
from the Electronic Frontier Foundation
Deep Dive: Why Forcing Apple to Write and Sign Code Violates the First Amendment
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But what the government is asking Apple to do in this case—i.e., force Apple and its programmers to write and sign the code necessary to comply with the judge's order—is not just an unprecedented expansion of the All Writs Act that puts the security and privacy of millions of people at risk. It is also a violation of the First Amendment.——
This is where the First Amendment comes in. The Constitution clearly prevents the government from forcing people to endorse positions they do not agree with. Whether that endorsement takes the form of raising your hand, signing a loyalty oath, putting a license plate motto on your car or, as here, implementing an algorithm that creates a digital signature, the problem is the same. As the Supreme Court noted in a case involving whether the government could force private parade organizers to include viewpoints they disagreed with, "[W]hen dissemination of a view contrary to one's own is forced upon a speaker intimately connected with the communication advanced, the speaker's right to autonomy over the message is compromised."As a result, government mandates requiring people to speak are subject to strict scrutiny—the most stringent standard of judicial review in the United States.
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Apple is being forced to actually write and endorse code that it—rightly—believes is dangerous.
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Posted by: mary davidson <mary.davidson@gmail.com>
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