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by emptybits 2744 days ago
> We don't place ourselves above law enforcement.

Of course this is reasonable, but I'm curious what you think of companies who do put themselves above law enforcement when it's the right thing to do.

i.e. lawmakers do not always make laws that are right and law enforcement does not always do the right thing when interpreting and enforcing laws. A case to cite might be Apple vs. FBI in 2016. The company placed itself above law enforcement. They disagreed with law enforcement and would not cooperate when I am certain many companies would have cooperated. It was a gamble. As a user, I am glad they stood their ground and I was/am glad to give Apple my money. I've also set my businesses up on FastMail at least twice, which is why I ask.

Maybe only a company with Apple's resources can take a risk like this? Thoughts?

3 comments

I think enlightenment values ultimately support the position that consenting adults should be able to say whatever they like to each other in private, and that should be a protected right.

This puts me in direct conflict with the way the law is going right now, where it is supposed to be acceptable for government and/or searches to be an invisible third party to all conversations.

Not sure where this goes but I feel like there is an MLK or electronic Jesus moment here somewhere.

Apple did not place themselves about the law, they went to a properly constituted court and asked the judge to rule on whether what the FBI was asking was lawful.

During those proceedings, they also explained how complying with the FBI's request would lead to a highly damaging corruption of the privacy of their users data.

They asked the judge to make a judgement which was that Apple were right in saying that the FBI had over-reached in their warrant.

The case was headed to appeals when the FBI withdrew after finding another way to get the information they needed. Notably they did so without Apple having to compromise security or user data privacy.

> Apple did not place themselves about the law

Exactly. I didn't say they did. The comment was about being above law enforcement. See my other peer response here.

> I'm curious what you think of companies who do put themselves above law enforcement when it's the right thing to do ... A case to cite might be Apple vs. FBI in 2016. The company placed itself above law enforcement.

Apple did no such thing. They asserted their legal rights. They used the exact mechanism -- the law -- that you are saying they ignored or held themselves above.

I did not say they held themselves above the law. Law enforcement is what OP commented on and that's what I responded to. I think it's an important distinction.

When law enforcement takes a wrong turn (as the FBI did) it is, I believe, reasonable for a citizen to consider themselves above (read: "better than") law enforcement. Mechanisms to deal with this include constitutional principles (which may also be considered above the law) and, generally, the courts.