Apple vs. FBI ought to have gone to the Supreme Court

Today’s Observer column:

So the FBI sought a court order to compel Apple to write a special version of the operating system without this ingenious destructive mechanism – which could then be downloaded to the phone. Apple refused, on various grounds both technological and legalistic, and the stage was set – so some of us thought – for a legal battle that would go all the way to the supreme court.

In the end, it didn’t happen. The FBI bought a hack from an Israeli security company which had already found a way round the problem, called off the legal suit, and nobody got their day in front of the supremes. Which was a pity, because it means that a really important question posed by digital technology remains unresolved. Put simply, it’s this: what limits, if any, should be placed on the power of encryption technology to render citizens’ communications invisible to law enforcement and security authorities?

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