On February 25, 2016, Apple filed its Motion to Vacate the Court Order requiring it to assist the government. Here is a summary of Apple’s *legal arguments* in its Motion to Vacate in less than 300 words: The government wants Apple to help it circumvent the encryption on a device. Congress has examined the issue and…
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The “Legal” Reason the FBI’s Password Blunder Could Kill its Case in #AppleVsFBI
On December 6, 2015, FBI investigators reset the password of Farook’s iCloud account, taking what it believed was the logical next step to gain access to the iCloud backup data. Turns out, that was the wrong move. The phone had not been backed up in nearly 2 months and, had FBI not reset the password,…
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Making Sense of #AppleVsFBI Issues: #DtSR Podcast
The USA v. Apple battle is one of the hottest issues currently being debated in cybersecurity, privacy, law enforcement, and perhaps even, water coolers in offices around the country. What the debate is lacking in substantive, factually-based, well-reasoned analysis, it certainly makes up for in passion and strong opinions. If you are not convinced, spend…
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UPDATE (FBI admits): #AppleVsFBI – Just 1 iPhone? In 1977 it was Just 1 Pen Register
The law develops by the process of incrementalism. That is, it is a slow, gradual development, step by tiny step. In the United States, judicial decisions that fill the gaps in between the constitutional and statutory law and helps those bodies of law evolve. Each case sets a precedent, or foundation, upon which the reasoning for…
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How Cybersecurity is Impacting People’s Rights (Regent University Symposium)
On September 30, 2017, I am speaking at the Regent University School of Law’s Law Review Symposium on The Expansion of Technology in the 21st Century: How the Changes in Technology are Shaping the Law and the Legal Profession in America. At the end of this post, I have provided links to additional publications I…
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