Backchannel:
The problem for the president is that when it comes to the specific battle going on right now between Apple and the FBI, the law is clear: twenty years ago, Congress passed a statute, the Communications Assistance for Law Enforcement Act (CALEA) that does not allow the government to tell manufacturers how to design or configure a phone or software used by that phone — including security software used by that phone.
The government can’t require companies that build phones to come to it for clearance in advance of launching a new device. Nor can the authorities ask a manufacturer to design something new — like a back door — once that device is out.
The more I read about this issue, and I’ve read a lot, the more I see that the government may have made a huge mistake with this particular case. Obviously, a judge could rule differently but every non-partisan opinion I’ve read says there’s no way the government can get a court to do what they want.
I don’t think the Government really wants to do what it’s asking. But I think they need to go through the process and get the Supreme Court to say they can’t.
Best way to settle the issue once and for all, and stop all the States coming up with their own stupid rules blocking phones etc.
Actually, in the comments is a way that they can – state of emergency orders. The ones from Jimmy Carter & Iranian hostages are still in effect, so this is definitely not out of the realm of possibilities. http://www.usatoday.com/story/news/politics/2014/10/22/president-obama-states-of-emergency/16851775/
I would absolutely love them to try this. Because if they can just do it for any situations, then the constitution might as well be thrown out.
The government cannot control encryption. If the iPhone is backdoored, we’d just use any of the non-USA apps to use encryption with.
The government is not going to win this war.
Is there any situation where they couldn’t? We’ve blown up large parts of the middle east under this authority.
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The law is clear. But the law can change. This isn’t over. And the DoJ hasn’t trotted out the legal A team yet. Remember the Torture Memos?
There is no mistake in thinking that the law is behind them. They have never thought that. The whole reason for making this a public debate is that they know their legal case is shaky at best. The ideal situation was that Apple would back down in the face of public opinion. And, if not, then they’re hoping Congress will change the law. No mistake…simply their best chance at getting what they want.