
Apple, in refusing backdoor access to data, may face fines - newuser
http://zdnet.com/article/apple-in-refusing-backdoor-access-to-data-faces-huge-fines
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ctdonath
US Constitution Amendment IV

 _The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized._

Probable cause must _precede_ the search & seizure of "papers" (presumably
electronic messages are included by extension).

US Constitution Amendment III

 _No soldier shall, in time of peace be quartered in any house, without the
consent of the owner, nor in time of war, but in a manner to be prescribed by
law._

A reasonable interpretation includes ubiquitous monitoring of an individual
without actionable cause. (As in: the "quartering" referenced has historically
been used in part to monitor the home's occupants.)

US Constitution Amendment V

 _No person shall ... be compelled in any criminal case to be a witness
against himself ..._

Preemptively gathering (including tapping information storage for access on
demand) broad-ranging evidence, before a criminal case is justified, is not
justified. The enumerated right is moot if the government has preemptively
aggregated everything that otherwise could be protected by this right.

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superuser2
> and no warrants shall issue, but upon probable cause

In the case written about here, the Justice Department has a search warrant
issued upon probable cause.

