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ISOL 633 – Homework IBACKGROUND: Syed Rizwan Farook, an environmental health inspector, and wife, TashfeenMalik, on December 2, 2015, killed 14 co-workers and wounded 17 others at the InlandRegional Center, a Social Services Center in San Bernardino, California that providedservices for disabled individuals. Farook was carrying an iPhone 5c, which the FBIbelieves contains information that would assist them greatly in identifying accomplices,and other third parties who assisted in either planning and/or carrying out the attack,provided weapons, or who communicated with Farook about other future plannedattacks. The FBI attempted during December 2015 to unlock Farook’s iPhone in order toget access to information that the phone may contain. However, they were unsuccessfulin unlocking the phone. Therefore they met with Apple and other tech leaders forassistance in unlocking the phone. The FBI requested of a Federal Judge in California,and received, an Order directing Apple to create software that would allow the FBI tobypass the security feature that prohibited the FBI from attempting no more than 10times to break the passcode on the phone. Apple defied the Court Order asserting thatthe Court’s order essentially required it to create a “backdoor” that would undermine theprivacy of iPhones around the world. Apple also asserted that it would be bad publicityfor it and adversely affect its market share. Apple appealed to the Court of Appeals thethe U.S. District Magistrate Judge’s Order. The debate has become one of nationalsecurity vs. personal privacy until such time as the U.S. Justice Department withdrew itsrequest, and asked that its case against Apple be dismissed as an unidentified third partyhad provided assistance in allowing it to by-pass the phone’s feature that prohibited nomore than 10 attempts to unlock the phone’s security. However, the debate is not over,and undoubtedly similar cases will be litigated in the future.INSTRUCTIONS: For homework I, you are to do the following:1. Write a more detailed introduction to the facts of this case, explaining to the best of yourability the facts that have been loosely outlined above. Please cite all of your sources.2. As the semester progresses, you will read about “precedence”, “jurisdictional issues”,“procedural issues”, different types of law (i.e., statutory law, case law, constitutionallaw, and other), and other legal concepts. Please explain to the best of your ability,applying what you have learned during the semester, as well as information you haveresearched, the legal argument that the U.S. Justice Department (FBI) relied on inarguing to the U.S. District Court, and on appeal, why the Court should order Apple toprovide the by-pass feature to override the security on the phone. For each law that youcite, explain what it is and how the Justice Department used that law to advance itsargument.3. Please explain to the best of your ability, applying what you have learned during thesemester, as well as additional information you have researched, the legal argument thatApple relied on in arguing to the U.S. District Court, and on appeal, why the Courtshould not order it to provide the by-pass feature to override the security on the phone.For each law that you cite, explain what it is and how Apple used that law to advance itsargument.4. State which legal argument (that of the U.S. Justice Department or Apple) which youbelieve is more compelling and which should have prevailed had the Justice Departmentnot been able to obtain the assistance of a third party in bypassing the security feature onthe phone. Support your conclusion by explaining the logic you relied upon.5. Explain whether you believe the US Justice Department (FBI) vs. Apple case hasimplications for future similar cases, and if so in what manner do you believe futuresimilar cases will be impacted by this case.This assignment is due on August 7, 2016 at 11:30 p.m.It is not necessary that you use any particular model formatting. However, your paper should besubmitted in a WORD format, using no less than a 1 inch margin, top, bottom, left and right.Further the paper should be double spaced, and you should use subheadings where appropriate.Cite all sources. You decide whether you will use endnotes or footnotes. Please include yourname and student id on your submission. You should plan to give your submission a title.Please include page number on the bottom center of each page.
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