Roy Lara

ENG 350
Rosewall
Apple vs. Federal Bureau of Investigation
Human rights have been contested throughout American history. With the rise of war on
terror the United States government has tried to attack on multiple ends, both a physical warfare
and a technological warfare. With the recent attacks in San Bernardino the Federal Bureau of
Investigation has taken Apple to court in order to unlock the perpetrators phone. Nonetheless,
Apple has declined the task of the FBI because of the infringements of their customers rights.
They project that if they help the FBI open up one phone it will carry on to every single one of
their customers. Apple did the right thing by refusing to help the FBI because it violates their
customers fourth amendment right to privacy.
The Fourth Amendment of the United States Constitution states [t]he 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. Within the 4th amendment is an embedded concept that people have the
right to privacy. Having the right to privacy is the underlying principle that Apple is relying on.
In their case against the Federal Bureau of Investigation, Apple has denied opening up the phone
because it is a violation of a citizens basic civil rights. Tim Cook said, in a statement to Apples
Customers, we fear that this demand would undermine the very freedoms and liberty our
government is meant to protect. The CEO of Apple immediately recognized that the FBI was
overreaching into this case and stopped them as soon as he saw civil rights being violated. Not
only was he against the notions of the FBI but Steve Wozniak, the co-founder of Apple, was also

in favor of Apple because of the violations of civil rights. He said, in an interview with Conan
OBrien, the FBI picked a lame case, insinuating that the FBI is only choosing this case
because its an easy target. Wozniak, being a human rights activist, feels strongly about
protecting those rights. Although Cook and Wozniak feel strongly about protecting the civil
liberties of the consumers, they are also technological engineers who took note of another issue
with encryption.
The main task that the FBI wanted Apple to fulfill was to create a backdoor into the
iPhone so that they could easily get in and access the data. An issue that stems from creating a
weaker operating system is the trickle down theory. The trickle down theory is one in which
Apple creates a backdoor into the iPhone so that the government can get into the terrorists
phone; however, by creating the backdoor for the government they would now be able access all
iPhones across the nation. The FBI requested that they create malware into the operating system
in order to get into the phone. They stood by the notion that they only intend to use it in this
particular case, but that is not in their complete control. As Tim Sparapani, a data privacy law
and policy expert puts it, a backdoor not only gives access to the government but it creates a
flaw that thousands of hackers will be able to exploit. Theres a good chance this will create
unintended problems in Apples operating system and cause many issues for users. Apple is
fearful that if they do create the backdoor into the iPhone that, in the wrong hands, it can be
misused and put all of their customers at risk of being hacked to obtain personal information.
Because it could fall into the wrong hands, Apple has denied the governments request to create
the backdoor.
However, there are some who have trust in the federal government and think that they
will not overstep the boundaries that could cause a trickle down theory. The main concern with

that is that if they purposely create a weaker operating system the government might abuse the
system and use it to tap into any iPhone they want. Many republican presidential candidates
have sided with the FBI, such as Ted Cruz who said, Because under the Fourth Amendment, a
search and seizure is reasonable if it has judicial authorization and probable cause. In this
instance, the order is not 'put a back door in everyone's cell phone.' If that was the order, that
order would be problematic, because it would compromise security and safety for everyone.
Though it might seem as if it is that easy to delegate access to one particular phone it cannot be
done. In order to do it to one specific phone they would have to rewrite software that will be
compatible in all iPhones. By Ted Cruzs own standard, there has already been an attempt to
create a backdoor into everyones phone. This would not be the first time the FBI has tried to
undermine the security of the American people; in 2013, Edward Snowden leaked files stating
the American government had the ability to tap into anyones phone despite not having consent
from the person. However, tapping into the phones of political leaders was already happening;
In 2010 Barrack Obama approved the wire tapping of German Chancellor Angela Merkels cell
phone (Sherwell). The government claimed tapping into cell phones was only to be used on
suspected terrorists, but Germany is an ally of the United States, not an adversary. It is easy to
draw parallels to the files that Snowden leaked and the case that is at hand, the government wants
a backdoor into the iPhone, which can wreak havoc on the American people.
Security and privacy are policies that lie real close to each other. There is a fine line that
separates obtaining security and privacy, and obtaining both. The line that separates the two is
civil liberties. By refusing the requests of the FBI, Apple did the right thing because they knew it
was a direct violation of basic civil liberties and as a company they chose to stand by their
customers. Regardless of the FBIs supposed notions there is no telling what could have

happened if Apple did create a weaker operating system and it got into the wrong hands. As
Steve Wozniak said, what if China says Apple youve got to give us a backdoor so we can get
into any phone, even your government officials iPhones and that is wrong, security is a very
important thing now.