BLAW 3175 Lecture Notes - Lecture 15: Icloud, State Ownership, Fifth Amendment To The United States Constitution
27 Apr 2018
School
Department
Course
Professor
Business Law 3175 Section 002
Professor DeAngelis
Lecture #15
- Group Discussion Topic: Due Process
- Case: Government seizes a terrorist iPhone after he was killed and could hack his iCloud,
but not into the phone itself
- Government asked Apple to hack the phone for them
- Apple explained that they did not design a code to be able to do that
- The government is trying to require Apple to design a new program as a “back
door” option
- Apple says that this “back door” could be utilized by hackers and put their
customer’s privacy at risk if they designed one
- This could harm their future sales
- Question: What should be protected: National security or privacy?
- Group’s decision: The government violates Due Process by forcing Apple to
design a new program to help them. With or without payment, it infringes on
Apple’s liberteriteis of freedom and property. The new code could also potentially
violate future customers and become an international issue.
- We side with Apple
- The government can take private property as long as it is for public use and just
compensation is paid
Document Summary
Case: government seizes a terrorist iphone after he was killed and could hack his icloud, but not into the phone itself. Government asked apple to hack the phone for them. Apple explained that they did not design a code to be able to do that. The government is trying to require apple to design a new program as a back door option. Apple says that this back door could be utilized by hackers and put their customer"s privacy at risk if they designed one. Group"s decision: the government violates due process by forcing apple to design a new program to help them. The new code could also potentially violate future customers and become an international issue. The government can take private property as long as it is for public use and just compensation is paid. Condemned: government takes away property from the owner. Government can give land to private people if it is to serve the public.
