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by greglindahl 3743 days ago
This discussion is a bit confused. There are plenty of "valid" subpoenas or search warrants which are squashed after being opposed in court. I'm not sure if the other commenters really believe that no company should ever oppose a search warrant, or if they think "valid" search warrants can't be opposed, or what. But opposing an over-broad or otherwise screwed up "valid" subpoena or search warrant is a necessary part of the American legal system.
2 comments
uxp 3743 days ago
Correct. That's what I was trying to deduce, the difference between a valid warrant (eg, a warrant following CALEA for communications data stored on a third party server), and a warrant that is currently being argued as invalid (eg, a warrant for Apple to create software that allows some party to brute force a PIN without restriction).

Sure, it would be nice for Apple to oppose even "valid" warrants for iCloud data backups, because I trust them to keep my data safe on my device, so why should I have a reduced expectation of privacy when using their services. After all, they have billions in cash in some Scrooge McDuck mansion just waiting to be spent on lawyer fees, right? /s

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greglindahl 3743 days ago
Sorry, do you think the first example shouldn't be subject to opposition? The search warrant could still be over-broad or defective in one way or another, even if it jumps through the CALEA hoops and was signed by a judge. The concept of "valid" that you're using is fuzzy and unclear.

I agree that the second case - court order to create new software - is a lot more obvious and clear, and deserves opposition in court.

The reason I'm being so pedantic is that it's important to disagree with the notion that corporations should roll over in any situation that involves claims of terrorism. Lots of people think that, but it throws away an important part of our legal system.

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Bluestrike2 3743 days ago
Absolutely. But if the court challenges fail over this hypothetical warrant, there's a reasonable expectation for compliance. We live in a rule-based society. It works because people, and especially the government itself, are expected to follow those rules.
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