Totally agree with @emptywheel on this. When it comes to US corporate compliance with US law, love it or leave it.https://twitter.com/emptywheel/status/701487160839507968 …
@Susan_Hennessey Defining "necessity" as coerced labor by speech-writing coders @KDbyProxy
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@emptywheel@KDbyProxy I think that goes to burden. Necessity is just government need--though there is argument gov obligation too limited.Thanks. Twitter will use this to make your timeline better. UndoUndo
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@emptywheel@KDbyProxy So there is "necessity" for Apple assistance (gov can't do it alone). Then whether assistance is not "undue burden."Thanks. Twitter will use this to make your timeline better. UndoUndo
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@emptywheel@KDbyProxy And then layered on top is a potential First Amendment argument regarding compelled speech.Thanks. Twitter will use this to make your timeline better. UndoUndo
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@emptywheel@KDbyProxy My gut says government is right, but Ted Olson is brilliant and has a hell of a lot to work with here. -
@Susan_Hennessey We shall see. Mostly this is about playing to Congress and I think FBI is not helping themselves@KDbyProxy
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@emptywheel@Susan_Hennessey US laws require bakers to write customer's msg on cake evn if baker doesn't lk msg. R coders "btr" than bakers? -
@KDbyProxy Here, FBI is claiming (not credibly) they want a non-cake writer to write just once.@Susan_Hennessey -
@emptywheel@KDbyProxy So, I am out of depth on the 1st amend stuff.@andrewkwoods wrote a good piece on Lawfare on that part. -
@Susan_Hennessey@emptywheel@KDbyProxy Yes , and I think@andrewkwoods is right, there will certainly be 1A argument made, unclear how ends -
@bmaz@Susan_Hennessey@emptywheel@andrewkwoods If Apple smhow wins on 1A grounds, Congress will require Apple to hold a key 4 each phone. -
@KDbyProxy@Susan_Hennessey@emptywheel@andrewkwoods Gut thought is don't win on 1A, but am really looking forward to framing in briefing
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