Transcript:
Legal battle between Apple and the government’s shifting to Capitol Hill now with both sides urging Congress to weigh in on the encryption case Fox confirming that the Justice Department is seeking apples assistance in extracting data from devices in 12 other federal cases during us right now is octave vice president of cloud security JD sherry JD good to see you more thanks so much for joining us this is getting bigger in terms of apples assistance is breaking into some of these phones where do you stand on this issue yeah well first of all Maria thanks for having me on the program unfortunately this debate has come about because of the tragic issues in San Bernardino so thoughts and prayers go to the families you know in friends ultimately there are there issues there that they’re dealing with and grappling with so from my perspective I think we have a serious challenge with what we would call the Internet of Things that’s going on right so mobile phones being a huge factor in that these are elements that ultimately going to continue to be involved in crimes of terrorism and all of these focuses are going to be a huge issue so from my perspective I think we’re we’re facing is that technology is going to continue to out kick its coverage when it comes to the legislation and Arthur knows this better than anything is from a legal perspective but we’re going to have the the grapples of the First Amendment versus the Fourth Amendment and I think that’s what’s going to shake out now with this debate I mean you’ve got all of these states Arthur obtaining court orders directing Apple to help federal investigators gain access to the data on iPhones but then you have this worry that it’s a slippery slope first we thought it was one phone now we have all of these other cases and and another question is why is Apple the only one to do this why can’t our own law enforcement and our own intelligence agencies get to this day well that that question is a little bit scary that we can’t figure that out the other thing is look in the world of criminal law 50 states all around search and seizure is is a primary issue 250 years ago if the British soldiers are allowed to kick in your door anytime they wanted to and go through all of your stuff and all founding fathers I mean that was their primary thing is you cannot do that and this is just a offshoot that I mean this the enemy is so simple the feds could go to apple and be like look here’s the phone just give us a thumb drive with everything on it we don’t know you need to know how you got it what you got it that’s what we need to know where an apple says no that’s essentially what apple says that’s not what they’re asking for but the apple says whatever it is if they come up with a software program that software program is going to be out there in the pamphlet our own IP Apple has never disputed this exact in fact the Apple is never disputed that the the government is going to give them the phone and say keep the phone you keep the technology you keep the software we want to remotely crack the code on the phone we will never take possession of that Tim Cook is arguing that because he’s trying to win this case and win over the hearts and minds of his followers but I don’t know what the present well here’s the thing when the DOJ says that this is a marketing strategy this is a selling point when you actually buy a phone the companies actually say as a bragging right we never see your data we can’t access it would plummet and people felt like exactly exactly then all of a sudden now you have a situation we have to trust the company and then of course just legally speaking the the hurdle to get over is to get a judge to sign a warrant so once the judge size of our government can go into your house and you have to have probable cause that there are drugs there there are illegal guns there so once you get to that point then my legal opinion Apple has to comply with a lawful warrant from a judge I think that’s why it comes back to their they’re arguing First Amendment versus you know the FBI’s position as the Fourth Amendment of coming in saying we have reasonable probable cause of this issue but you know I want to come back to the design of this Internet of Things and Pete’s comment earlier around autonomous cars things of that nature think about where we’re going with this right mobile phones used as an element of corroborating an element of terrorism well as we expand the Internet of Things this could be drones this could be cars that potentially might be used in terrorist acts this encryption debate and what the government is legally entitled to due to determine what what is at fault or with the issues here in a case is going to the forefront so we focus on working with companies and the partner ecosystem that developed these technologies right around planning and building and running these types of things so we can accurately determine the right approach to enable this transformation but you’re making the point that it’s a slippery slope that’s the point you’re making the point that you know could be Ford Motor that has to give up it could be anybody it’s going to be significant JD good to see you thanks so much for weighing in JD sherry will
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