Notes From the Fieldby Martin Weil

February 18, 2016

Tim Cook, the FBI, Privacy and National Security

In reply to my suggestion to a client who works in the field that Apple is abetting criminality, he offers this:

If the FBI wants the data on Farook’s phone, they should provide that phone to Apple, and have Apple — under FBI supervision, if need be — access that data with their own tools and provide it as lawfully subpoenaed. The FBI, however, should not be supported by the court to force Apple to provide them with a tool that they can then use in any and all ways they deem fit. As I’m sure you understand, arguments that appeal to “national security” are built on shallow foundations on a very slippery slope.

I replied:

We are on the same page. However, I would have been less offended had Cook offered as much in his statement.

This will be an interesting and useful public discussion, and one my client suggests we will be having for many years. But for me, this is a workable solution to the current situation.  And thankfully, puts some distance between me and Donald Trump.


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