FBI vs Apple

Class Friday, March 4, 2016

 Today’s goal:

  • Discuss the current Apple/FBI dispute over unlocking an iPhone belonging to one of the San Bernadino shooters

 About:

  • On February 6th, a federal court issued an order compelling Apple to assist the FBI in accessing the contents of a phone possessed by one of the San Bernadino shooters. Apple has so far refused the court’s order on the grounds that assistance would be unreasonably burdensome.
    • What is at stake in this dispute?
    • Who are the specific people taking part in the debate and what are their interests?
    • How would a resolution one way or the other effect society?
    • What do you think should be done?
  • These are all complicated questions that are subjective and vulnerable to bias. In addressing the issues it is helpful to use a structured method of analysis. The Kohlberg Theory of Ethics offers such a method.

 What we know:

  • Apple (and other tech companies) have previously helped law enforcement get data from devices related to crimes
  • The government has to rely on out of date laws that were created before today’s technology in order to request access and get search warrants for devices that could be used as evidence
  • The FBI managed to get some iCloud data
  • The FBI changed the iCloud password and thought that would help them get into the phone
  • The iPhone was owned by the suspect’s employer
  • A small number of attempts to enter an iPhone’s pass code and/or Apple ID password will disable the device (this limits “brute force” password attempts)

 Kohlberg Theory of Ethics:

  1. (Stage 1) Consequence Thinking: considering the consequences of actions on your individual self.
  2. (Stage 2) Moral Thinking: considering the consequences of actions on people or groups in your life.
  3. (Stage 3) Ethical Thinking: considering the consequences of actions on institutions in your life.

 Applying Kohlberg to Apple vs the FBI:

  1. What are the consequences of Apple complying or not complying with the court order on you, personally?
  2. What are the consequences on the people and groups in your life?
  3. What are the consequences on the institutions in your life?

 Informational links: