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by justin_vanw
3775 days ago
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Reasonable according to whom? This is why we have Rule of Law. There is no "we follow the law when it seems reasonable". Whatever the law is, it should be followed, and it does not matter at all what anyone's personal opinion is regarding what the law should be. Perhaps it is more complex than this, for example in cases of civil disobedience. However, civil disobedience is for cases of conscience when you cannot personally participate in something that is immoral, so you refuse to participate or you protest it. The key here is that this is ignoring the law to resist immoral uses of power, not ignoring the law to remove intentional restrictions to the application of allocated authority. This applies doubly to the legal system itself. An appeal to the inability of legislatures to "get things done" has been the argument of every tyrant since Caesar. |
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I can't think of any at the moment but I don't think anyone in a position to do anything with an answer is trying. The issue is too good a political bludgeon to bother even seeking some creative solution to the problem (again, not that I am 100% sure there even is a legislative solution that wouldn't be a vastly undesirable and possibly unconstitutional blow to encryption).
It is not a good starting presumption that no reasonable answer can be reached, especially when the topic under discussion isn't a core issue like "backdoor all encryption" but rather "is it possible to pass reasonable and generally acceptable legislation such that Apple can legally be compelled to aid this decryption effort without setting a terrible precedent?" There may be no solution to that problem, which is fine, but don't suggest that I was endorsing some vaguely Orwellian shit because I don't presume as a given that our opponents on the general issue of encryption have malicious aspirations of tyranny.