In its investigation of the December terrorist attack in San Bernardino, Calif., the U.S. Department of Justice has been trying to unlock an iPhone used by one of the assailants, and has asked iPhone maker Apple Inc. for its help in accessing the phone’s data.
But Apple has refused, saying unlocking this phone would violate its users’ privacy and set a precedent in future law enforcement cases.
The DOJ says Apple is putting profits and publicity before security. Apple says civil liberties are at stake, since the company would have to write a whole new operating system to override the iPhone’s defenses, which could potentially be a major privacy threat.
This isn’t the first case of privacy butting heads with the quest for data in the digital age, and it certainly won’t be the last. But it’s a high-profile example of a private company taking a stand against government information gathering.
While Apple has a duty to protect its customers’ right to privacy, the San Bernardino attackers lost that right when they went on a shooting rampage at a company holiday party, killing 14 and seriously wounding 22. The husband-wife duo was described by the FBI as violent extremists who supported the Islamic State. They died in a shootout with police after the attack.
At the same time, the idea that the government would use this powerful new unlocking software in this instance alone seems naïve. And according to Apple CEO Tim Cook, the tool could allow third parties to gain access to messages, health records, GPS location, financial data, or even a phone’s camera without the user knowing. That’s scary.
It’s a tricky situation, and one that has some urgency when it comes to the terrorist information that could potentially be stored on the phone. The victims and families affected by the attack also deserve the closure that could be gained by clarifying a seemingly senseless act of violence.
If there is any way for Apple to unlock the phone without revealing its process to others, the company should do so for the sake of national security.
And in any case, it’s worth setting up a protocol for the inevitable future cases like this one, allowing both Apple and the DOJ investigators to do their jobs without delay.
