March 6, 2016
I was recently on a speaking tour in the Dakotas and was asked the question, “What relevance does the FBI/Apple issue have with the Fourth Amendment?”
As I attempt and answer, keep in mind I rely on my iPhone for my Constitutional work all over the country and I am currently using it now if you are watching my video column this week.
The Fourth Amendment clearly defines individual privacy limits on the government, stating that government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.
Apple’s General Counsel Bruce Sewell delivered the following statement to Congress this week:
“The FBI has asked a Court to order us to give them something we don’t have. To create an operating system that does not exist — because it would be too dangerous. They are asking for a backdoor into the iPhone — specifically to build a software tool that can break the encryption system, which protects personal information on every iPhone.”
Now just in case you fall for the thought that this would only be used on this isolated phone and case, Sewell continues:
“District Attorney Vance has also said he would absolutely plan to use this on over 175 phones. We can all agree this is not about access to just one iPhone?”
So just what is FBI asking Apple to do from a technical standpoint?
Well, weaken the security of every iPhone user. Hackers and cyber criminals could use this to wreak havoc on our privacy and personal safety. It would set a dangerous precedent for government intrusion on the privacy and safety of its citizens.
Carson, Rubio, and Cruz disagree with Apple’s stance, and they have the right to be wrong, because they are!
Perhaps the aspiring presidents have not considered the Thirteenth Amendment, which explicitly prevents “involuntary servitude”. Neither an individual, nor corporation owned by individuals, can be forced into the service of another unless he/she/they have committed a crime.
Apple has committed no crime and lets be unmistakably clear, they have no software that can break the encryption system. For Government to compel Apple to invent and then build something that does not exist is claiming they not only own their labor, but also their intellect. This is an oppression that goes beyond chattel slavery, which only owns one’s labor; this coercion is claiming ownership of one’s intellect, transcending the bounds of slavery, pushing it into a realm that has never been practiced!
If Government is allowed to do this to a private company owned by individuals then soon to come, on this slippery slope, Big Brother will force individuals to do their bidding. Some may make the assertion that it is back to the plantations for Americans.
However, a glimmer of hope may be found. The propensity of Americans for liberty is unquenchable because its source is God-given. My prayer and work is dedicated to keeping the God-ordained blessing of Government within its jurisdictional boundaries where it secures, not dictates, our individual rights.
Perhaps a better government solution to this very real threat of terrorism is securing our borders, securing the right to self defense found in the Second Amendment, and for America’s sake, stop being scared to label Islamic terrorists what they have labeled themselves: terrorists and haters of America.
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Jake MacAulay serves as the Chief Operating Officer of the Institute on the Constitution (IOTC), an educational outreach that presents the founders’ “American View” of law and government. IOTC has produced thousands of graduates in all 50 states with a full understanding of the Biblical principles on which America’s founding documents are based.
The former co-host of the syndicated talk show, The Sons of Liberty, he is an ordained minister and has spoken to audiences nation-wide, and has established the American Club, a constitutional study group in public and private schools.
Jake has been seen on Yahoo News, Fox News, The Blaze, AP, CBS, NBC, The Weekly Standard, and more…