Tags: Michael Hayden | Apple | iPhone | Case | 18th Century | Law

Michael Hayden: Courts Using 18th Century Law to Decide Apple Case

(Fox News/"Fox & Friends")

By    |   Thursday, 25 Feb 2016 09:03 AM

Courts are being asked to make a call in connection with Apple's cell phone security based on a law that was written in 1789, and the United States should "absolutely" craft legislation that ensures privacy rights that can keep up with advances in technology, former CIA and National Security Administration Director Michael Hayden said on Thursday.

"I think we actually need to have the political branches, president and Congress, give far more clear guidance as to what our courts should be thinking about," the retired four-star general told Fox News' "Fox & Friends" program.

Meanwhile, Hayden said the federal government wants, at large, "baked-in universal access to the product Apple makes," but even such back doors don't guarantee the government can access the information.

Apple CEO Tim Cook on Wednesday doubled down on his refusal to comply with a court order that would allow the FBI to break into an iPhone belonging to a San Bernardino shooter, telling ABC News that such a move would be "bad for America," and set an "offensive" legal precedent.

Hayden agreed Thursday that the United States "is more safe with unbreakable end-to-end encryption," but he's not sure that conceding on just the one phone in question "leads you to that very bad end point."

However, he continued, "it doesn't help the FBI's position when the U.S. attorney says when you're done with that phone in California, I've got 100 more here."

He does, though, fear future attacks such as the one in San Bernardino that left 14 people dead, and that the next one will likely come from an "isolated, self-radicalized individual that really wasn't on the scope."

As even with the San Bernardino shooters, "there really wasn't much connective tissue between that person and ISIS or al-Qaida, or at least not much that was visible prior to the attack."

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Courts are being asked to make a call in connection with Apple's cell phone security based on a law that was written in 1789, and the United States should "absolutely" craft legislation that ensures privacy rights that can keep up with advances in technology...
Michael Hayden, Apple, iPhone, Case, 18th Century, Law
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2016-03-25
Thursday, 25 Feb 2016 09:03 AM
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