Reference no: EM133194681

Law for the Entrepreneur

Apple: Privacy vs. Safety

Question 1. If you were in Cook's shoes, would you comply with the court order to help the FBI access the data on the iPhone used in the San Bernardino shooting? Why or why not?

Question 2. What are Apple's responsibilities for public safety? Explain.

Question 3. What are Apple's responsibilities for customer privacy? Does Cook have additional responsibilities (employees, investors, and society) to take into account in this situation? If so, what are they?

Question 4. Does your answer to providing access vary with the government agency or national government requesting the data? Why or why not?

Question 5. Is there a way for Cook to resolve the apparent tension among these various responsibilities?

Apple-Privacy v. Safety In-Class Discussion Questions

Question 1. If you were Tim Cook, would you comply with the court order to help the FBI access the data on the iPhone used in the San Bernardino shooting? Consider:
a. Why would you comply with the order? What are the government's arguments for compliance?
b. Why shouldn't Cook comply with the order? What would Apple's arguments be against compliance?

Question 2. What could happen legally if Apple complies with the order? Does complying set a poor precedent for future cases?

Question 3. Is this potential court order really limited to one phone?

Question 4. What could happen globally if Cook complies? How might customers and governments of other countries interpret Apple's compliance with the order? (group)

Question 5. From an economic perspective, who are the people/parties impacted by this decision? From legal and ethical perspectives, who is impacted?

Question 6. How important is backdoor access for law enforcement agencies (FBI/Police/US Gov.) to fight terrorism and criminal activity. Very important or potentially harmful? Why? (Use the San Bernardino case as an example and your starting point to answer question.)

Question 7. "Is ordering Apple to re-engineer their software really that different from asking Apple to provide information that it already can access?" Why and what are the implications?

Question 8. What responsibilities does Apple have with respect to fighting terrorism and other crimes? (group)
a. Defend the position that Apple has minimal responsibility or extensive responsibility and why?
b. Minimal Responsibility: consider the following:
i. Is it Apple's responsibility to fight terrorism and crime or simply not to assist in terrorism?
ii. Is Apple complicit in the harm done by terrorists or criminals who rely on encrypted communication using Apple devices?
c. Defend the position that Apple has extensive responsibilities with respect to fighting terrorism and other crimes.

Question 9. Is Apple's responsibility for customer privacy minimal or extensive? Why? Make arguments for both.

Question 10. Did Apple make a mistake by not complying with the order? Discuss arguments for yes, it made a mistake and no, Apple did not make a mistake by not complying with the order.

Question 11. Can you have both privacy and safety? Can you find a balance or do you have to pick one? And how do you do so in a global context

Question 12. Does a private company have a duty to trust the governments in the countries where it operates, or does it have a duty to be skeptical of government actors and play a role in protecting its customers' broader rights?"