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FBI says NY judge went too far in ruling the FBI went too far in forcing Apple to unlock iPhone

Boatdocster

As a US Citizen, I see this as a direct assault on our 5th Amendment Rights, that right of privacy and for invoking the privilege that allows a witness to decline to answer questions where the answers might incriminate him or her, and generally without having to suffer a penalty for asserting the privilege.

Not saying the shooter in San Bernadino was good chap - they clearly were not. But in most of these pending cases, the defendant was asked to provide a code to access their private telephone, and the declined.

In essence, the FBI is 1) Trying to force Apple to be party to said litigation against a person against their will (and they are creating the first limited backdoor, more powerful ones would follow once the legal precedent is set) and 2) attempting to bypass the fact the defendant already invoked their 5th Amendment right.

"Great, you want to plead the 5th? We will force someone else to break in to your phone and then use the information against you even after you have invoked your Constitutional right against self incrimination". Personally, I'm totally against the idea. Once this door is open, we shall lose all protection.

Ben Franklin said it best - "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." Still true to this day!

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