Tim Cook Apple and the 4th Amendment

Tim Cook and American Security

 

I’d like to think that Tim Cook is looking to find a way to be more responsible as a corporate voice, doing what is right. However, I think he gets this one wrong. What we don’t want, is a government watching every step we take, paying attention to us pre-crime. But when a crime occurs, specifically murder, I fully expect the government to copy, not take, all of the data available in the short term, to ascertain what happened. The objections were to surveillance without reasonable cause, and of indeterminate length, without notification. Once a serious crime has been committed, and while not legally decided, there is more than reasonable suspicion, any and all records that would help to establish what happened I would assume the government would have access to, with a specific warrant.

The other issue is whether or not the government can compel Apple to create a workflow for access under a warrant, and I think the answer is yes, under eminent domain. Employees work , and labor is a well-established part of a company, and the government, can, under certain circumstances appropriate private assets for public use, with a transfer of fair value, which to me in this situation would be consulting fees amounting to something in the neighborhood of twice the salary of the people involved in the work, assuming a company pays it’s people at least half of what they are worth to the company.

Going forward, a bill requiring certain specifications regarding privacy, as well as mandatory, case by case information retrieval processes, can be part of doing business going forward, and seems to be very consistent with the text of the 4th amendment, with special attention being given to eventual notice of investigation being a part of due processes.

 

On a side note, it being Black History Month:

African Americans, Hispanics, and Native Americans have, on average about 1/12 the asset values of European Americans in the United States. $10,000-$14,000 dollars of net worth on average, compared to $150,000. Which is not to say that there is not still quite a few folks who figured out the game, but statistically that is huge, and it certainly has a lot to do with American policy, despite poverty alleviation programs have not been cost-effective, and need to be rethought.  With regard to the Native Americans, this land is your land this land is our land but really, really their land, at least too and they got displaced… African Americans got displaced to get here, and  got a raw deal since, yeah, worse than that of immigrants, and when they get it wrong, they don’t even try to set it right, you gotta fight the same people that are supposed to pay you. It’s crazy because the right don’t even see… Eric Garner got assaulted over minor tax evasion. Less than 50 cents.

That’s not a precedent you want to allow with any level of government.

As in, less than 10 minutes of taxes evaded on craigslist, air bnb. Like getting taken down over a craigslist phone sale you didn’t report, but not quite as much actual money being transacted.

Those cases can, and should be picked up by the federal government under due process, I expect for that to happen.

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