Apple vs. the State

In an extraordinary act of defiance against the state, Cupertino, California-based Apple, Inc. refused to comply with the Obama administration after a judge ordered the company to breach its customers’ privacy and contracts, act against its own policies, terms and self-interest and “help” the government decode and destroy the company’s invention and property, the iPhone—all under compulsion in the name of national security.

Leave aside legal, ethical and philosophical consideration of national security implications inherent in the FBI’s public admission that it can’t hack a dead terrorist’s government-issued cell phone, contradicting the Obama administration’s claims that such authority is both successful and crucial to the nation’s defense. As Apple’s chief executive officer explains in his February 16 response, the Department of Justice’s demand that Apple create a means of decoding a single iPhone possessed by the state after an Islamic terrorist attack amounts to all of the above violations of Apple’s individual rights. And, as the Supreme Court’s Citizens United decision affirms, a company is properly regarded as an individual with absolute individual rights.

Democrat Ron Wyden, a U.S. senator from Oregon and staunch advocate for Americans against the surveillance state, agrees with Apple, declaring that the judge’s order is “unconstitutional”. Wyden, like Edward Snowden in a post on Twitter, correctly implies that the Obama administration’s demand is an inversion of government’s proper role. As Snowden (who is said to have been moved to his heroic whistleblowing by The Lives of Others) posted, “the FBI is creating a world where citizens rely on Apple to defend their rights, rather than the other way around.” I made a similar and related point in defense of Sony contra the U.S. government over the government’s abdication of national defense in the wake of an attack on one of the Culver City, California company’s movies (“The Undoing of Sony’s ‘The Interview‘”).

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Click to Read Letter

By posting the letter, Apple is fighting back. Exercising its right to absolute freedom of speech, asserting its property rights and the right to run its own business, the company co-founded by Steve Jobs issued the unprecedented public warning against the dangers of mass, unchecked government surveillance and made what amounts to a call to citizen action. In his letter to Apple customers, CEO Tim Cook refuses to accept the legitimacy of the judge’s order and instead insists upon recognition of Apple’s individual rights.

Apple’s letter is a declaration of independence against the oppressive state. The company leads in defending man’s rights against the surveillance state—to my knowledge, not a single technology company has publicly and unequivocally supported Apple’s letter and position—and, whatever its flaws and contradictions, such as referring to the United States as a “democracy” when, in fact, the U.S. is fundamentally a republic, Apple is, in today’s context, 100 percent right and should be supported by advocates of liberty and capitalism.

Former New Mexico Governor Gary Johnson, whom I interviewed in 2011 when he ran for president in 2012 (read the interview), reduces Apple’s persecution to essentials with a good example: “[I]f the FBI comes across a safe in [a legally sanctioned search of a criminal’s] house, the warrant and permission do not mean it can force the company that manufactures the safe to create a special tool for opening its safes, especially a tool that would make other safes completely useless as secure storage. That’s the situation that Apple’s dealing with here.” Indeed, other than the Clinton administration’s proposed V-chip censorship mandate for all television sets, which failed, I can’t recall a more sweeping manufacturing mandate to violate the rights of individuals.

I’m also not aware of any support for Apple among the field of 2016 presidential candidates.

On the contrary, bombastic GOP frontrunner Donald Trump, appearing on Fox and Friends, denounced Apple’s position. “Who do they [Apple] think they are?” Trump asked. “They have to open it up.” Trump—who supports government-controlled medicine, the massive surveillance state and arbitrary government seizure of private property—said: “I agree 100 percent with the [judge]. In that case, we should open it up.” […] “We have to use common sense.”

In this context, “common sense” means faith in the statethe massive, unchecked surveillance state that can order any company or individual at its arbitrary discretion to create a means to absolutely violate the individual’s rights. Not surprisingly, a Fox News panel with Washington Post columnist Charles Krauthammer, columnist A.B. Stoddard and conservative columnist Stephen Hayes concurs with Trump’s opposition to Apple. They are the embodiment of what Ayn Rand called “Faith and Force: Destroyers of the Modern World,” which was Rand’s first major campus talk, delivered 56 years ago today at Yale University.

As left and right commune in faith—belief without evidence—in the omnipotent state (the NSA, ObamaCare, TSA), one voice of reason opposes in principle and action the initiation of force against the individual; Apple, which refuses to go silently to its—and America’s—doom. As usual, a private, for-profit enterprise, in keeping with the nation’s history of singularly great acts of rebellion against tyranny such as the Boston Tea Party, sets an example in achieving the moral, i.e., egoistic, ideal in action. What happens next will be interesting, potentially decisive and either encouraging or horrifying, and possibly crucial to whether the nation remains in any sense a republic based on individual rights.

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