6 ms·

Calling it an invention is a misuse of the term and puts writing software on an undeservedly high pedestal. There is no "invention" here except in the sense tha

Calling it an invention is a misuse of the term and puts writing software on an undeservedly high pedestal. There is no "invention" here except in the sense that an Apple copyright lawyer might say. That is, trivial obvious changes.

mr_luc 11y ago
That's just silly. The "pedestal," as you call it, that they're defending is a non-insane interpretation of writs. If the government wants to go past that, pass a law, and hope it doesn't run afoul of the Constitution. For instance, there's also a law that compels telecom providers to give the government cooperation in installing monitoring equipment in their pipes. But that's an exceptional situation, which is why they had to pass an additional law: it does not just follow from All Writs. It'd be the same if Apple was building a sewer system: --- FBI: "Hey, company building a sewer system!" Apple: Hi. FBI: "We have an ongoing investigation, and need your cooperation." Apple: Rock on. I'll comply with the law! I have access to the system at all of these points. If you need access to that, just ask. FBI: "No, we need access to a specific toilet bowl in a specific house." Apple: ... I don't have access to that. They haven't flushed it; it's still in their house. FBI: "Yeah, but you designed the system. So to comply with our request for information, we need you to come up with an easy way for us to break the system." Apple: Break it how? Gee, FBI, this sounds a lot more involved than just giving you access to some information. FBI: "No, this is just like turning over some papers. Now, we need your engineers to drop everything and immediately come up with a foolproof way of suddenly, and violently, reversing the flow and pressure of any arbitrary customer's toilet so that we can use it to propel an FBI Fecal Trawler drone into their house." Apple: Whoa. You're asking us to develop, for you, a massive new operational capability. But there's not a law that compels us to suddenly spend our time being FBI contractors! Also, if we develop this the way you are asking us, that means many of our engineers will be working on, and learn how to, turn our toilet connections literally into deadly weapons! That's just ... gross, and immoral! And probably a breach of our duty to our customers! FBI: No. It's law. Turn over our writs. Apple: This is insane. You got laws passed to make telecom companies do this kind of thing -- I'm sorry, but until you get a similar law passed, and have to take it before the public in the way that will entail, I really think this is government overreach! ... Why are you even talking to me about this? Go in through the front door or something. FBI: We threw the key away. --- And yet the reporting on this story continues to be "Oh, Apple, why you can't be like those good nerds on </scorpion> who know how to help their country?"

mr_luc 11y ago

That's just silly. The "pedestal," as you call it, that they're defending is a non-insane interpretation of writs. If the government wants to go past that, pass a law, and hope it doesn't run afoul of the Constitution. For instance, there's also a law that compels telecom providers to give the government cooperation in installing monitoring equipment in their pipes. But that's an exceptional situation, which is why they had to pass an additional law: it does not just follow from All Writs. It'd be the same if Apple was building a sewer system: --- FBI: "Hey, company building a sewer system!" Apple: Hi. FBI: "We have an ongoing investigation, and need your cooperation." Apple: Rock on. I'll comply with the law! I have access to the system at all of these points. If you need access to that, just ask. FBI: "No, we need access to a specific toilet bowl in a specific house." Apple: ... I don't have access to that. They haven't flushed it; it's still in their house. FBI: "Yeah, but you designed the system. So to comply with our request for information, we need you to come up with an easy way for us to break the system." Apple: Break it how? Gee, FBI, this sounds a lot more involved than just giving you access to some information. FBI: "No, this is just like turning over some papers. Now, we need your engineers to drop everything and immediately come up with a foolproof way of suddenly, and violently, reversing the flow and pressure of any arbitrary customer's toilet so that we can use it to propel an FBI Fecal Trawler drone into their house." Apple: Whoa. You're asking us to develop, for you, a massive new operational capability. But there's not a law that compels us to suddenly spend our time being FBI contractors! Also, if we develop this the way you are asking us, that means many of our engineers will be working on, and learn how to, turn our toilet connections literally into deadly weapons! That's just ... gross, and immoral! And probably a breach of our duty to our customers! FBI: No. It's law. Turn over our writs. Apple: This is insane. You got laws passed to make telecom companies do this kind of thing -- I'm sorry, but until you get a similar law passed, and have to take it before the public in the way that will entail, I really think this is government overreach! ... Why are you even talking to me about this? Go in through the front door or something. FBI: We threw the key away. --- And yet the reporting on this story continues to be "Oh, Apple, why you can't be like those good nerds on </scorpion> who know how to help their country?"