The Next Encryption Battleground: Congress

Always a good consideration, Balanced Approach, I tend to be on the Opposite Side though, 21 years in COMSEC and Information Warfare.

Privacy and security are always paramount in the discussions led throughout the military on encryption, but ultimately it has always been the case where the US has wanted to maintain the ability to be able to unlock and/or unencrypt information when necessary. This should include our private information in the cases where a warrant or probable cause dictates the need for access.

What Apple did by publicizing the case with the FBI was stupid. They should have kept their mouth shut and discretely worked with the FBI to find a way to unlock the phone. Instead they cried wolf and ended up looking worse when another party came in and beat their security. Result? iPhones are not as secure as Apple would like to advertise.

Still, I have an iPhone, as does my wife and I have no problem knowing the FBI or federal government could unlock the encryption I employ if necessary to pursue a legal matter. As long as they have the required warrant or the appropriate probable cause. The 4th Amendment states: "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." No where here does it state that we have a right to irreversible privacy. It simply implies the government must have a warrant/probable cause to search your person, house, papers, and effects. There will not be a bunch of agents breaking into your electronic devices on a whim to see if you're doing anything illegal.