When “Kevin” pled guilty to possession and intent to distribute methamphetamine’s, it seemed as if the case was over.
But, the government had still not managed to crack his iPhone and retrieve what it believed was incriminating data contained on the phone. In fact, the government maintained that the phone had received a “reset” signal, but as they had not allowed it to attach to a network, the phone had been unable to complete the reset which would have destroyed the alleged data permanently.
After the guilty plea from “Kevin,” the government demanded that Apple provide the means to unlock the phone and retrieve the data. The Judge questioned why the government felt it still needed the pone decrypted.
And the case began a process of States – particularly New York and California – as well as the Federal Government, setting out to pass laws requiring “back door” access for the government – both State and Federal – to all cell phones with encryption. Each of the States has a different stated reason for why they are demanding this access, but you probably won’t be surprised to learn that both involve “protecting the public…”
Posted on January 25, 2016, in 4th Amendment, CA State Legislature, Constitution, News & Notes and tagged 4th Amendment, Apple, California, Cell Phone, Encryption, New York, Searches, Senator Diane Feinstein. Bookmark the permalink. Leave a comment.