Topic: What considerations are involved in contemporary court debates involving security and privacy with discussion points taken from the in-progress Apple v. DOJ case, and what does this mean for future legislation of information security?

Objective: To explore what points the privacy and national security parties make in defending their case as similar arguments will likely be raised when these legal battles inevitably proceeds to the Supreme Court on a larger scale. Also to exemplify the murkiness and gaps in current legislations which too will drive resolutions.

For students to read before class: http://www.wired.com/wp-content/uploads/2015/10/gov.uscourts.nyed_.376325.2.0.pdf . Overview of the background and case as given by the judge. …show more content…
• Also All Writs doesn’t apply because Apple is a information services provider that’s exempted by CALEA. (Apple here extends the limits of CALEA since CALEA is only for real time surveillance. But this case involves recovering data already on a phone. Apple makes the jump to this case by assuming the same rules in a different context.) (https://www.justsecurity.org/wp-content/uploads/2015/10/Apple-All-Writs-Apple-Post-Hearing-Brief.pdf )
• The fact that CALEA doesn’t cover the context of data stored on phones was intentionally not put because it was power the supreme court didn’t want given to the government, not because it didn’t consider it.
• It should be in the realm of Congress to debate legislation involving smartphones, not case by case in the judicial system, and thus. The fact it’s taking so long for amendments shows how complex and delicate the problem is and thus shouldn’t be hastily made in one court case. All Writs application shouldn’t be used to circumvent discussion
• Because of the lack of solid laws that explicitly force Apple to comply, complying would breach the trust between Apple and