UPDATED : Feds Have No Right To Conscript APPLE (Big Gov. Guy Gates)

Business,Constitution,Jihad,Private Property,Technology,Terrorism

            
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It’s one thing for the federal government to subpoena “the data on the iPhone 5C” of jihadi murderers Rizwan Farook and wife Tashfeen Malik. It’s quite another for the FBI and prosecutors to demand “Apple produce software that would give investigators access to the iPhone at issue.”

A warrant for the information of the killers is perfectly reasonable. For this, the Fourth Amendment to the US Constitution provides:

The Fourth Amendment requires the government to present to a judge evidence of wrongdoing on the part of a specific target of the warrant, and it requires that the warrant specifically describe the place to be searched or the person or thing to be seized. The whole purpose of the Fourth Amendment is to protect the right to be left alone — privacy — by preventing general warrants.

In the case of the Fockers, I mean the Farooks, there is ample probable cause.

Probable cause is a level of evidence sufficient to induce a neutral judge to conclude that it is more likely than not that the government will find what it is looking for in the place it wants to search, and that what it is looking for will be evidence of criminal behavior.

But for a magistrate to order that Apple make an application to assist the Feds in doing their work: That’s tantamount to conscripting the company to involuntarily work for the feds. There is no warrant in the Constitution for that!

In fact, the involuntary conscription of someone’s labor, the 13th Amendment to the U.S. Constitution abolished in 1865.

This is why I get frustrated when people waffle about the need for someone to enforce the US Constitution. What Constitution? Surely it’s time to realize the Constitution is, for the most, a dead letter? Alas, in the fullness of time, a provision will be found for this new violation. Allusions will be made to our “changing, dangerous world.”

UPDATE (2/23):