The U.S. District Court that handles the Apple-FBI case today released a memorandum signed by Bernardino County Prosecutor Michael Ramos. The memorandum of course supports the US government.
Ramos is the elected district attorney in the county where the terrorist attack took place in December. With the memo titled, “Apple's assertion of standing to protect privacy is illusory,” questions how Apple can suggest it offers the ultimate in privacy.
"While Apple may represent what it chooses in the marketing of its devices and operating systems, it is neither the legislature nor the judiciary that has the power to define privacy as absolute," he said.
"Apple is not a public policy firm. Apple is a for-profit company. No one has appointed or elected Apple to be the Orwellian judge or advocate for the privacy of society or even all of its customers.
"In any case, Ramos says, this 'absolute protection of privacy' is not supported by the Constitution."
"Apple is worried that criminals (meaning hackers) may try to break into iPhones and obtain information contained in the phone, but that is not the whole picture."
“The fact is that criminals are already using iPhones, every day, everywhere, and that phones contain evidence of their criminal activities, violent crimes, human trafficking, sexting, revenge pornography, child sexual exploitation and theft ID cardthat are perpetrated against innocent victims, also exist on iPhones.”
(Parenthesis: Consenting sexting adult it is not necessarily illegal. To be fair, legal issues arise in some states when minors are involved..).
The prosecutor says it would be appropriate for Apple to settle them problems created, and that companies that do dangerous things should fix them.
"It can be argued that the iPhone with the current encryption it uses is dangerous for victims."
San Bernardino County District Attorney's Amicus Curiae Brief In Support of the United States Government by Jordan Novet
