Espino @MMaysEspino on Law Enforcement’s Use of the All Writs Act to Force Apple to Open Private iPhones

Meredith Mays Espino, Journal of Information Technology & Privacy Law, has published A Tale of Two Phones: A Discussion of Law Enforcement’s Use of the All Writs Act to Force Apple to Open Private iPhones. Here is the abstract.

At first blush, the Apple versus the United States Government fight may appear to be a marketing ploy or yet another means the government is maliciously overstepping. Neither view is correct. Both parties have valid arguments. The government, in its view, means to give law enforcement all tools it can to protect US citizens. Apple is concerned with protecting its customers’ data and privacy. The question used to be security versus privacy. Now, with so much of ourselves in digital form floating about on cables and servers, the question is what kind of security do we want. Are we more concerned with security in the more traditional sense or are we more concerned with security that delves from our online lives? How far are we willing to go for each and what will we give up? Are millions around the world to give up the liberty of privacy for a little safety in a relatively few criminal cases? That is a question for our elected representatives, not for law enforcement and certainly not through the courts via the All Writs Act.

Download the article from SSRN at the link.