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Right to Privacy: Apple v. FBI by David H. Peirez

February 24, 2016 Posted in: Our Blog

This should not be a judicial battle. The Right to Privacy is one of our most fundamental safeguards, and as a revered Supreme Court Justice said many years ago: “It is the right to be left alone.” And, that involves our thoughts, financial status, who we communicate with and where we go. It is too important for a court to finally decide. It should be left to Congress and the expectation that Congress will decide wisely and speak for the people to arrive at the balance between privacy and national security. One intelligent and practical recommendation by a former senior FBI official is: Apple should unlock the cell phone and hand over the data but not provide the FBI with the tools it develops to get the data. To that I would add no more FBI subpoenas of cell phone encrypted data upon Apple or any other manufacturer, it should proceed under the 4th Amendment and apply for a search warrant. The Right to Privacy is a Constitutional RIGHT so it must not be easily broken. And, it is necessary to have appropriate Congressional legislation to provide a safety net and set the parameters to protect both our national security and privacy rights.