The recently emerging dispute between Apple and FBI reminds us the government and the private sector do not always have a smooth relationship because some of their interests may be in direct conflict. But at the same time they both need each other, thus, an amicable solution to a particular problem is in the long term interests of the society. In this case, the dispute centers on the government’s assertion that the need to improve public security takes priority over individual privacy while Apple asserts individual privacy should be protected at all costs. Even though the government does have a legitimate claim, it may be seeking to exploit this issue to significantly expand its power over technology companies like Apple. The outcome of this dispute will not only affect FBI and Apple, but will also have ramifications for many other stakeholders. Thus, Apple should refuse to bow down before the FBI and fight the case all the way to the U.S. Supreme Court if it comes to that.
It is important to realize Apple is a multination company that does business all over the world. Fortunately, we live in a democracy with significant number of checks and balances to monitor the conduct of the government. Even though the U.S. Government does try to push the envelope at times, it is still accountable to the public and the laws of the land. But the citizens of many other countries are not so lucky where the authoritarian governments are not bound by any legal, ethical, or moral obligations. If the FBI wins, it will significantly weaken Apple’s negotiation power against authoritarian national governments such as those in China and Russia who may also demand assistance from Apple in their surveillance activities. Thus, this case has broad implications for individual privacy and free speech in not only the U.S. but also many other countries.
The FBI has tried to convince the public it simply wants assistance from Apple with the San Bernardino case. FBI Director James B. Comey wrote in a public message that Apple’s assistance would ensure the phone doesn’t self destruct or it doesn’t take FBI about a decade to finally access the content of the shooter’s phone . If this were, indeed, the primary motive behind FBI’s request, FBI has alternative solutions and it makes little sense to drag the issue. In fact, a legendary cyber security expert John McAfee has offered to crack the phone of the San Bernardino shooter for free if the FBI dismisses its case against Apple . If FBI merely wants assistance with the San Bernardino shooting investigation, it should have immediately accepted John McAfee’s offer. John McAfee developed one of the earliest anti-virus software, and his offer comes at no cost. It is a win-win offer for FBI.
Usually when the government goes after a certain company, it is a cause for celebration for the company’s competitors. The competitors hope to take advantage of the fact that the dispute may hurt the public image of the company, and may also distract it from its core business. But in this case, Apple enjoys a complete support from almost every single competitor including Facebook, Google, Twitter, Yahoo, and WhatsApp. Even the Electronic Frontier Foundation (EFF) stands behind Apple . These competitors and industry associations understand the implications of the case extend far beyond Apple, and they could be next. Their concerns are not without merit. FBI initially tried to downplay the importance of the case but FBI Director Comey was forced to acknowledge under oath that the case could set a precedent of FBI asking the other technology companies to provide assistance with unlocking the devices . Thus, Apple should not back down, and the whole technology sector should continue to stand behind Apple and pool their own resources as well because it is not only Apple’s fight anymore.
Cyber security has emerged as a major concern. The national governments spy on each other, and corporate espionage has become widespread. In addition, it is not uncommon for hackers to steal customer data of millions of customers, often by breaking through the cyber defenses of large multinational companies. In such an environment, the government should encourage companies to enhance the security of their hardware and software products. But the FBI is asking Apple to do exactly the opposite, i.e. weaken the security of its iPhone software. This request is also wrong because it will put undue burden on Apple. Apple will be forced to spend significant financial and human resources in creating a new software that is acceptable to FBI. In addition, the harm to Apple’s reputation and loss of business as a result of lower level of consumer confidence will be significant. And FBI will not stop at Apple, but may also force other technology companies to do the same, significantly hurting the global reputation of American technology companies in the process. Apple is not fighting battle for its own interests, but also to protect the future of American technology sector.
The FBI dispute with Apple demonstrates the rocky relationship that sometimes emerges between the government and the private sector. The FBI contends it simply wants assistance with the San Bernardino investigation, but that is not the whole truth. FBI wants to exploit this situation to increase its leverage with the technology companies, and Apple and its competitors understand this. Apple should not back down because it will hurt its negotiation power against foreign governments. If FBI merely wanted assistance with the San Bernardino investigation, it could have accepted John McAfee’s generous offer. This is not only Apple’s fight but the fight for the future of the entire technology sector in America.
- Berman, Mark and Ellen Nakashima. FBI director: Victory in the fight with Apple could set a precedent, lead to more requests. 1 March 2016. 8 March 2016
- Lopez, Jorge Dan. John McAfee blasts FBI for ‘illiterate’ order to create Apple iPhone backdoor`. 23 February 2016. 8 March 2016
- Masunaga, Samantha. Apple vs. FBI: Bill Gates, Mark Zuckerberg, John McAfee and more are taking stands. 23 February 2016. 8 March 2016
- Moyer, Justin Wm. FBI director makes personal, passionate plea on Apple-San Bernardino controversy. 22 February 2016. 8 March 2016
