Wednesday, February 17, 2016

Is there a right to defy an unlawful court order in the U.S.?

Apple is reportedly defying a court order of a federal magistrate to create a backdoor for its iPhone for the FBI to use to spy on users of iPhone, including American citizens.

Apple reportedly indicated to the court that (1) such a backdoor does not exist at this time, (2) may not be technologically possible, and (3) while Apple has "cooperated" with FBI in the past (I wonder, how), for the government to require Apple to actually create a breach in privacy and security of their devices is going too far.

Apple is right, of course.

Not only it is a privacy problem as against the government, but, once such a backdoor is created, anybody with an iPhone will be open to breaches not only by the government, but by private hackers and to identity theft, exposing Apple to massive liability and loss of customers.

As good as iPhones are, they are not the only ones in the market, and people can always "vote with their feet" and refuse to buy iPhones if Apple complies with this court order.

I wonder how did it happen that a magistrate judge - who was never appointed by the President or confirmed by the Senate - is now making decisions of such overwhelming importance for every one of owners of iPhones, in the U.S. and around the world.

I also wonder whether Apple and its executives will be held in contempt of court and otherwise sanctions for defying an obviously unlawful court order.

Because, in this country judges are treated as deities and anything that comes out of their dainty mouths is considered as mandatory law.  Even if what comes out of their dainty mouths is screamingly unlawful and unconstitutional.

We will see whether Apple will be punished for civil disobedience, or whether it will be allowed to set up a precedent of civil disobedience to an unlawful court order.

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