Apples & Oranges: Privacy vs. National Security

My iPhone knows too much.

Every morning when I get in my car to go to work, I look at my phone and it tells me how long it’s going to take me to pull into my parking lot. No big deal, right? Except that I’ve never put my work address into my phone… I’ve never asked my phone how long the drive would take…I simply get in my car each morning and drive. But yet my phone, typically thrown on the passenger seat, somehow knows where I’m going and how long it’s going to take me to get there.

Weird. And oddly, unsettling. Almost as if someone is watching and annotating where I’m going. Almost as if my privacy is being violated. Almost as if someone or some program has access to my data without needing my consent.

This week Apple is under fire for not rushing to fulfill a court ordered request to unlock the iPhone of one of the San Bernardino attackers (Lichtblau & Apuzzo, 2016). In an open letter to Apple customers (http://www.apple.com/customer-letter/) Apple CEO, Tim Cook, says Apple engineers have already complied with FBI requests to help unlock the phone, but the next step the government is asking for- a virtual “backdoor” that essentially is a software system that involves “circumventing several important security features”, is a bridge too far for the company. Cook fears this request could open a door to further breaches of privacy; allowing for customers personal data to become open and available upon government request (Cook, 2016). The Justice Department responded to this letter by filing a motion claiming Apple’s objections are not about security, but rather seem “to be based on its concern for its business model and public brand marketing strategy” (Lichtblau & Apuzzo, 2016).

So here’s the deal. I understand Apple’s concern, and I find it reassuring that “big business” is looking out for my privacy and cares to protect my personal data. Except that my personal data seems to be available to marketers at every turn. My Facebook page is filled with advertisements for products and companies that I’ve previously searched for online. We know that companies use software to collect information and then turn that knowledge into targeted opportunities to draw consumers to their products (Duhigg, 2012). While the expectation of privacy is a consumers right, the reality is privacy in relation to our consumption habits and how those habits are captured, analyzed and then marketed to, has become a gray area where lines are continuously crossed. But, when is comes to national security and personal privacy expectations, is it right to draw a line in the sand?

Full disclosure- I’m in the military. National security is kind of our thing, so when the government decides it needs the information stored on a phone that was used in an attack, and, oh, by the way, the attacker is dead and the phone is the property of another government office (San Bernardino County) which gave permission to access the information it contained, I have a hard time understanding the value of Apple’s position (Levine, 2016). In my mind, there is nothing more important than national security. And if this phone offers clues and information that can stop another senseless act, or save lives… I believe it’s Apple’s duty to do everything they can to release that information.

Our privacy is protected by our constitution, and everyone needs to live with a reasonable expectation of privacy. But, it’s hard to swallow the realization that my choices at my local Target are collected and used for future marketing decisions, and that’s not questioned…but a phone giant can block an investigation that pertains to national security and we have a country divided on either side.

Apple has a February 26 deadline to file a rebuttal and there’s a hearing scheduled for March 22^nd (Satariano & Pettersson, 2016). This case is certainly one to watch, particularly as it has the potential to change how privacy is handled by companies across the board.

References:

Cook, T. (2016) A message to our customers. Retrieved from: http://www.apple.com/customer-letter/

Duhigg, C. (2012). How companies learn your secrets. Retrieved from: http://www.nytimes.com/2012/02/19/magazine/shopping-habits.html

Levine, R. (2016).  In the government vs. Apple, who wears the black hat?  Retrieved from: http://www.nytimes.com/2016/02/21/opinion/sunday/in-the-government-vs-apple-who-wears-the-black-hat.html?ribbon-adidx=4&rref=technology&module=Ribbon&version=context&region=Header&action=click&contentCollection=Technology&pgtype=article

Lichtblau, E. & Apuzzo, M. (2016). Justice department calls Apple’s refusal to unlock iPhone a ‘marketing strategy’. Retrieved from:http://www.nytimes.com/2016/02/20/business/justice-department-calls-apples-refusal-to-unlock-iphone-a-marketing-strategy.html?_r=0

Satariano, A.  & Pettersson, E. (2016). Battle over San Bernardino shooters iPhone escalates. Retrieved from: http://www.bloomberg.com/news/articles/2016-02-20/apple-u-s-step-up-fight-over-san-bernardino-shooter-iphone