*This post originally appeared in Lawfare on February 25, 2016.
Let’s not pretend that that the outcome the Justice Department seeks in the Apple case is limited to only a single case and just this particular phone.
This unquestionably involves a special case. Because of the specter of an ISIS connection, the San Bernardino attacks send chills down the spine of every American. The ISIS connection makes this case different from other cases of homegrown radicalization. And the actual owner of the iPhone has consented to the search.
It is these special characteristics that make the San Bernardino case a compelling vehicle for the FBI to press its concerns about end-to-end encryption on devices and apps. … [Read More]