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Apple lawyer Ted Olson says creating unlock tool would lead to an ‘Orwellian’ society [Video]

Screen Shot 2016-02-27 at 12.26.21 PM

Following the revelation that Apple’s top lawyer Bruce Sewell will testify before Congress this coming week over encryption, another attorney for the company has sat down with CNN to discuss the ongoing case. In the interview, current Apple representative and former United States solicitor general Ted Olson discussed how what the government is asking Apple to do is “limitless.”

Olson explained that if the tool that the government wants is created, any judge anywhere could essentially order to listen to any customer’s conversation, track location, and much more. The lawyer likened it to a Orwellian “big brother” type society.

When pressed about how Apple could potentially help fight terrorism by creating a tool to access locked devices, Olson explained that while Apple will help the government defeat terrorism in every way that it can, it can’t be done by breaking the Constitution. It was reported earlier this week that Apple plans to argue that the digital signature it uses to validate code is protected by the First Amendment as free speech.

Olson also said, however, that if the United States Supreme Court should rule in favor of court’s request to unlock the device he can’t imagine a situation in which Apple would defy a ruling from the Supreme Court, implying that Apple will comply if ordered to do so by the higher court. Olson added that he doesn’t see that happening though, as he and Apple are very confident in their argument.

You can watch the interview below:

Apple’s battle with the FBI over national security versus user privacy began last week and has since become one of the biggest and most complex stories in tech and politics. You can view all of our extensive coverage at the links below:

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Comments

  1. John Smith - 8 years ago

    Apple’s claim: “if the tool that the government wants is created, any judge anywhere could essentially order to listen to any customer’s conversation, track location, and much more.”

    Clearly ridiculous.

    The court court requires software which only works if the phone is in physical possession of the FBI and Apple.

    Claiming that it could allow law enforcement to do something to my phone – which is not in their possession – is just not true.

    As with their ludicrous claim that the court order is equivalent to forcing them to execute people – Apple clearly getting desperate.

    • James Cude - 8 years ago

      Ok suppose they do get your phone via a search warrant. Now they can do whatever they want. Still feeling safe?

    • Robert - 8 years ago

      You clearly don’t understand the argument.

      Apple’s brief is very clearly argued if you care to read it.

    • Robert - 8 years ago

      Apple are being ordered to ‘create’ to hacking tool. This is unprecedented, none of the cases cited in the FBI brief amount to this.

      Since this case would set a precedent that is a big step, future orders could be issued to compel Apple to create other hacking tools, so if John Smith is a ‘suspect’ they could potentially be ordered to create a hacking tool that would target John Smith’s phone. Hacking tools demanded in future cases do not necessarily require that the government have physical possession of a device or that that the tool only work with one device.

      Apple draws the line at ‘create’. It is happy to hand over all the data it has access to, but it will not ‘create’ a hacking tool. The demand is burdensome and unconstitutional.

    • Anatoly Tamilin - 8 years ago

      Man,

      Special services have enough tools to track, to get into, to monitor or to get access to your email based on court’s decision.
      In this exact case, the services would like to get “special software” which will allow them to access to ANY Apple’s device. Of course, they’ll tell you that “this is specific case”, “we’ll be using it based on court’s or prosecutor’s permission” but everybody knows already that NOBODY can restrict it for them when the tool already in their hands.
      So. here’s Apple fights for own “unique factor” — guarantee of privacy.
      I think they have more other evidences to prove shooter’s fault and to know his mates in this bloody case. But not so much people asks themselves why this case is more important than others where iPhone was a “key-evidence”.

      Probably, I’m “one more stupid russian” :) but I’m really can’t understand why here’s so many noise and why this case is so special. What I think is that “Big Brother wants more tools and ways to control Small Brothers”.

      • Anatoly Tamilin - 8 years ago

        What I have to explain. I can’t understand why so many noise from FBI/NSA/CIA etc special services’ side. Meanwhile, Apple fights for REAL THING,

    • Kevin Lynch - 8 years ago

      That’s not at all what they are saying… it’s not the tool itself that gives them the added capability it’s the precedent set by the order.

    • Rob Perreault - 8 years ago

      You’re misinformed and unimaginative.

  2. This is the biggest and most important story in tech not only of today, but of all time. What happens here will forever shape not only technology, but also many aspects of society globally for the foreseeable future. The media is hiding the scope of these issues and the general American population has no clue.

  3. 89p13 - 8 years ago

    Please –Don’t Feed The Troll (John Smith) — It will keep the board clearer for rational discussions, not wasting the space for the troll.

    • Aunty T (@AuntyTroll) - 8 years ago

      John Smith is a troll because he has a different opinion to you? Have you not moved on from the “call everyone a troll who we don’t agree with because we can’t be bothered to get into an argument” stage yet?

  4. Rich Davis (@RichDavis9) - 8 years ago

    I’m just wondering if this so-called GovOS is something they think they can install AFTER they acquire the phone in question or is do they want this as the new, replacement OS. The reason is that if they came up with a GovOS to be installed after the fact, how could they install it without getting access to the user’s password to log in?

    • mrclean157 - 8 years ago

      The idea of this tool is that it would bypass any need for a passcode, and allow the Government to do as they please with the device. Once created it would be a tool in existence, and if it exists there is someone, somewhere, who would be able to recreate it and exploit it.

      The government isn’t in control of everything we do. They can’t just have our personal data because they want it.

      Also consider the international impact it could have. The US isn’t the only place iPhones are used/sold, so once other countries know the tool is there, what’s to stop them from asking for it?

  5. jmiko2015 - 8 years ago

    at first I though there was Trump at the top picture

  6. iamkornjolio - 8 years ago

    I’m have been an apple investor. Almost sold numerous times. I didn’t think the could divest secured email and phones away from the likes of Microsoft and blackberry. They have spent billions. And now because San Bernadino didn’t understand what they were doing the government is choosing to make apple look like crooks. FBI should have stood up in public, said we screwed this up can we get help, instead they chose the ugly route

  7. Considering this guys wife died on American 11 on September 11th, it’s safe to say he’s not a stool pigeon for the government.

Author

Avatar for Chance Miller Chance Miller

Chance is an editor for the entire 9to5 network and covers the latest Apple news for 9to5Mac.

Tips, questions, typos to chance@9to5mac.com