The Framers and Technology

As widely reported, Apple and Google are making technological changes to your phone that will make it impossible for Apple or Google to turn over to the FBI data that your store on your phone.  Probably responding to market demand.

“FBI Chief Warns on Phone Encryption,” Wall Street Journal, October 17, 2014 B2. FBI Director “urged” phone manufacturers not to make it impossible for the phone manufacturer to help the FBI access data on your phone, even with a warrant.  He actually said this, publicly.

I guess the Framers didn’t envision companies building technological barriers that result in the protection of “the right of the people to be secure in their … papers, and effects, against unreasonable searches….”  The Director apparently wants legislation to ban technology that makes his job harder, as warrantless searches or searches based on warrants served on someone other than the data owner aren’t enough. Or to require built-in back doors.

I guess the government could make its own phone and see who buys it.  What does this say about the culture in the FBI and their view of the Fourth Amendment?

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Filed under Communications, Culture, Governance, IT, Privacy, Security

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