Thursday, March 3, 2016

The Tech Zone: Is Your Phone Protected by the First Amendment?

My generation is known for its love and dependency of technology. But we're highly attracted to the concept of privacy as well. This attraction to actions without evidence is displayed by use of social media apps such as Snapchat and Yik-Yak, along with the opinion of privacy settings on other apps such and Twitter and Instagram. For how much we love to share on the internet, we're a generation who likes to decide who can or can't see what we're posting, along with having the ability to post anonymously. This mindset can explain why many Millennials and members of Generation Z are intrigued by recent iPhone cases
photo from: http://www.pond5.com/stock-footage/14070625/teen-girl-using-iphone-smartphone.html
A recent case in New York argued that Apple did not have to unlock an iPhone for police to use in an investigation to national attention. Apple also had a case regarding one of the San Bernardino shooters who possessed an iPhone, which the Federal Government wanted access into. Apple presented many arguments to support their decision against unlocking the device, one of which was that doing so would violate the phone owners First Amendment Rights. Building off of this argument was presented Apples claim of 'code of speech', referring to the information of the iPhone be presented in the form of technological codes, which Apple claims is a form of speech, therefore protected by the First Amendment. 

Apples points tot he prior ruling of the 2001 case of Universal City Studios, Inc. v. Corley, in which the ruling stated:

"Communication does not lose constitutional protection as "speech" simply because it is expressed in the language of computer code. Mathematical formulae and musical scores are written in "code," i.e., symbolic notations not comprehensible to the uninitiated, and yet both are covered by the First Amendment."
Nevertheless, even with this ruling the idea of codes is still up for debate, but it looks like our phones are safe for now.

2 comments:

  1. Great Article Yas! I completely agree with Apple, the Government requesting to have them break into someone else's phone is definitely a violation of the phone holders First Amendment Rights.

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  2. This article hits close to home, and I feel that this article is especially important to people from our generation. By the government requesting to break into someone's phone first amendment rights are most definitely being violated.

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