PHILADELPHIA (CBS) — Famed attorney Alan Dershowitz said Apple is out of line in refusing the help the FBI crack the passcode on the iPhone of one of the San Bernardino shooters.
Dershowitz, in an interview with Dom Giordano on Talk Radio 1210 WPHT, said there is no good reason for the tech giant’s resistance to requests for help from the feds.
“This should have been worked out between Apple and the government. Apple should’ve simply opened this up and given them what was on this machine. This is the worst case for Apple to be contesting. Dead guy, terrorist, the iPhone isn’t owned by the guy, it’s owned by the company. The company has given permission to open it. It’s the worst possible case. It’s a loser going after the Supreme Court. I think what Apple is doing is, from the point of view of their customers, they’d rather fight and lose than give in. I think that is a mistake.”
He stated that Apple doesn’t need to create something that grants access to every phone, but should help with individual cases when needed.
“They should’ve cooperated with the government. They don’t have to create a back door. They don’t have to create a new code. They have the capacity to open this phone if they choose to. They should just do it in this case and say, we’re going to do this on a case by case basis. We’re not listening to China. We’re not listening to Iran. But this is a case where the government has probably cause, reasonableness and, remember, the Constitution, unlike the Fifth Amendment, which is an absolute prohibition on self incrimination, the Fourth Amendment says reasonable, says probable cause. You’re allowed to search and so, this is a lawful search and Apple should be cooperating.”