There are other ways to provide search warrant access than to use weak crypto. But moreover, crypto that can be broken by the NSA cannot be broken by the guy next door. It’s clearly and obviously not all or nothing.

The proof of that is that IOS 7 phones were accessible and have NOT been broken by hackers all over the world. See my Medium post: https://medium.com/@davidgraceauth/do-iphone-owning-criminals-have-a-right-to-be-immune-from-a-search-warrant-69cb8ca0a274#.x8vdhha9q

I will be making a new post in a few days to suggest an alternative to weak crypto or a back door.

Secondly, if the locked phone contains information about the location of sex-trafficked women, they die, or face a similarly bad fate. If the locked phone contains information about contaminated drugs or food, people die. There are dozens of examples where lack of access to specific information means people die. The security of your data is important but it’s not more important than the lives of victims of crimes there the evidence is contained on the criminal’s phone. It’s not all or nothing. It’s a balancing test on a phone-by-phone case where the arbiter should be the judge who receives the search warrant request.

Graduate of Stanford University & U.C. Berkeley Law School. Author of 17 novels and over 200 Medium columns on Economics, Politics, Law, Humor & Satire.

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