Experts Speak On Encryption Ruling

PHILADELPHIA (CBS) -- Retired FBI Agent J.J. Klaver, former supervisor of technical operations in the Bureau's Philadelphia office, knows better than most how encryption, which protects our privacy online and on phones, also shields terrorists.

"Encryption is one of the most valuable tools the bad guys have to conceal what they are doing in a way that can't be detected," Klaver told CBS 3's Walt Hunter.

In the wake of the San Bernardino attack, a Federal Magistrate has now ruled the FBI can access encrypted information on the phone of Syed Farook, one of two killers who gunned down 14 people at a holiday luncheon December 2nd, before the couple was killed in a gun battle with police.

"That's what the government needs to further these investigations to get the evidence they need to prevent future attacks," Klaver explained.

But Apple's CEO vows the company will fight the magistrate's order to provide the FBI with software to defeat encryption, calling it a "master key" that would eventually lead to everyone's privacy being threatened.

Quoting from his statement on the corporate website, "while the government may argue it's use would be limited to this case, there is no way to guarantee such control."

"Apple makes it very clear that providing encrypted data means everyone's protections will be eroded," said veteran attorney Brad Bridge who works with the Defenders Association of Philadelphia.

Bridge says with no clear indication that Farook's phone will provide any compelling evidence, there's no reason to jeopardize everyone's  privacy protections.

Legal experts say while the "first ever" decision is expected to face legal challenges, it will be an important sign of where the growing battle between protecting privacy and providing protection is heading.