Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Podcast: Edward Snowden’s Lawyer Sides With Apple in FBI Battle Over Encryption

March 14, 2016

In one of our all-time favorite editions of our Digital Detectives podcast, we talked with Ben Wizner, the American Civil Liberties Union's Speech, Privacy and Technology Project Director and principal legal advisor to Edward Snowden.

Wizner gave us a cogent and engaging snapshot of the developments of the epic confrontation between the FBI and Apple. During the investigation of the San Bernardino shooting, the FBI obtained a company iPhone that was used by Syed Farook, one of the assailants. The investigators obtained a warrant to search the phone, but it's currently locked and the FBI hasn't been able to access the encrypted data. This prompted the agency to request assistance from Apple to bypass the phone's security features, but Apple has refused. Does the FBI have the authority to compel a company to re-engineer its own product in order to undermine the security of its customers?

Wizner explained The All Writs Act and how it's being used to coerce Apple, the FBI's objectives in making this request (setting a legal precedent being a major objective) and what dangers will ensue if the FBI prevails. The conversation shifted to the global implications for all tech companies if the FBI wins and what this might mean for the national security of the U.S. – and the privacy of its citizens.

And yes, we did get a chance to ask him what it is like to be Edward Snowden's principal legal advisor. Looks to us like Edward Snowden chose his legal advisor very well indeed.

If you'll be at ABA TECHSHOW this week, be sure to see Ben at the plenary session Can They Hear Me Now? Practicing Law in an Age of Mass Surveillance. The panel looks terrific – and the subject matter couldn't be timelier. The plenary is on Friday from 5-6 p.m.

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