Jewel v. National Security Agency

A further investigation of the San Bernardino Shooting has the federal government asking Apple, Inc. to temporarily dismiss their public privacy agreement.

Is this lawfully admissible through the All Writs Act of 1789?

Consider the following:

  • Absence of alternative Remedies.
  • Independent basis for jurisdiction.
  • Necessary or appropriate in aid of jurisdiction.
  • Usage and principles of the law.

February 16, 2016:

  • The federal government invoked the All Writs Act.
  • Ordering Apple Inc. to create a special version of iOS, without “Full Device Encryption.”
  • As attempt to hack an iPhone involved in the investigation.

Does national security have limitations?

United States of America vs. Apple (2016–02–16) (“In the matter of the search of an Apple iPhone seized…)

Monday February 22, 2016:

Apple Inc. CEO Tim Cook sent an internal email thanking all employees for supporting his decision to not comply with the FBI’s warrant.

In the letter, Cook made it very clear that Apple has zero sympathy for terrorism. Tragic events, similar to that of the San Bernardino Shooting are impermissible. Anyone responsible for these attacks is irrefutably at fault, and although Apple as company has chose not comply with the federal government; it does not mean that Apple is a part of ISIS. Nor does it mean that we need to “Make America Great Again,” by banning all Muslim and Mexican immigrants. Last, but not least, it doesn’t grant the United States government authority over the American people!

Which brings us to our current situation.. Why hasn’t Apple complied? Has the government overstepped its boundaries? Did we already forget about Eric Snowden?!

From the words of Tim Cook, in a Snowden-esque tone:

“This case is about much more than a single phone or single investigation, so when we received the government’s order we knew we had to speak out.”

For those who are still confused, I’ll say it in laymen’s. The U.S. government has demanded Apple Inc., through a warrant, to roll back their iOS 8 iPhone encryption.

Apple uses this encryption to protect their “customers -whose data is under siege.”

However, this is not the first time that our government has asked for Apple’s assistance during federal investigations.

As a matter of fact, the government’s request for assistance became so frequent in 2013, Apple designed a new encryption altogether. One that cannot be read “without the user’s pass-code.” Even if the phone is “lost or stolen,” your personal information, whether health or financial cannot be revealed. Same goes for monitored conversations. You know, the ones that the National Security Agency frequently chimes in on. Those ones.. The warrant-less wiretaps. After ten failed attempts to breach this security setting, the iOS operating system wields a full memory wipe of all information.

Now it could be very well possible that the current CEO of one of America’s largest Fortune 500 companies, along with former NSA agent Snowden, are nothing more than two paranoid liberals.

Yet some how Tim Cook has “received messages from thousands of people in all 50 states, and the overwhelming majority are writing to voice their strong support,” in favor of. He was even thanked by a thirteen-year-old app developer who admires Cook -standing up for “all future generations.”

Former NSA/CIA Director Michael Hayden also agrees that creating universal back-doors to get around the iPhone encryption could lead to further exploitation of the America people, not only from the NSA, but also from all security agencies around the world. Hayden, who is the only person ever in U.S. history to serve as head of the CIA as well as the NSA, further elaborated on this issue during an interview with Washington Bureau Chief Susan Page. Simultaneously promoting his memoir Playing to the Edge (a recap of his career).“Someone in my profession has to do his/her job, but do it in a way that not just protects, but respects America values and American society.” He goes on to acknowledge, that the national security defense team took very aggressive measures after the September 11th. As attempt to defend our country against any future attacks on U.S. soil.

“We wanted to use the full authorities available to us. If something was effective, lawful, and appropriate, we were going to go all the way to the edge of our authorities, in order to best protect the American people. Even though, we knew this full-well going in; sooner or later, as soon as we made the American people feel safe again, a lot of our countrymen would began questioning… So in essence it’s unapologetic.”

If the government unilaterally granted itself the authority to spy on the American people through warrantless wiretapping of telecommunications, do you believe national security has limitations?

Consider everything that has been disclosed to the public, in regards of the NSA:

  • From 2001–2007 the NSA illegally conducted mass surveillance on the general public, in secret, without warrant(via wiretap).
  • In 2013 Edward Snowden leaked top-secrets documents revealing that the National Security Agency was not only collecting private information domestically, but globally as well.
  • 40 lawsuits have been filed against the 2008 Bush Administration for illegally tapping into phone and e-mail communications(Some of the plaintiffs include members of congress).

Could it be possible, that in order to ensure their customer’s privacy, Apple, Inc. decided to take matters into their own hands?

If the U.S. Constitution grants law enforcement the authority to issue court orders through the All Writs Act, why wouldn’t they collect mass data legally?!?!? Instead of going through the court system, they chose to go around it.

Perhaps, if elected officials voted on these issues, those warrants would fall short of approval? This is the only logical conclusion that Apple and the rest of America have come to.

Dare I ask again? Does national security have limitations?