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Lisa Olle - Apple's global law enforcement manager

Main Points:
Violates due process clause (14th Amendment) - states that no person
shall be deprived of life, liberty, or property without due process of law. Usually,
due process refers to fair procedures
All Writs Act - authorizes the United States federal courts to "issue all
writs necessary or appropriate in aid of their respective jurisdictions and
agreeable to the usages and principles of law."
Conflict of expression, forcing apple to express a potentially dangerous
code that is against their interests
Quotes:
Will cost Apple "significant" time and resources to create a new operating
system to unlock iPhone
Company has says such a system (backdoor) could never
be "truly destroyed"
To keep this hack from ever leaving Apple's premises, Apple would
probably house its "hacking department" in a new, highly-fortified containment
lab. In a court declaration, Apple lawyer Lisa Olle said the company would "likely"
build "one or two secure facilities" similar to a "Sensitive Compartmented
Information Facility." (Pagliery)
"Given the complexity of designing, creating, validating, deploying, and
eradicating a bespoke operating system such as the government demands, the
burden on Apple will increase significantly as the number of requests to Apple
increase," the motion signed by Lisa Olle, Apple's manager for global privacy and
law enforcement team, read. (Burgess)
"If a purpose-built operating system such as the one the government
seeks here got into the wrong hands it would open a significant new avenue of
attack, undermining the security protections that Apple spent years developing to
protect its customers" (Burgess)
Apple was shocked and saddened by the mindless savagery of the
December 2, 2015 terrorist attack in San Bernardino. In the days following the
attack, the FBI approached Apple for help in its investigation. Apple responded
immediately, and devoted substantial resources on a 24/7 basis to support the
governments investigation of this heinous crime. (Olle)
"It has never been done before," the company said in its court filing
Thursday. "No operating system currently exists that can accomplish what the
government wants, and any effort to create one will require that Apple write new
code, not just disable existing code functionality." (Pagliery)
Cost of Backdoor: (Goldman)

Overall - would cost Apple about $101,000 in labor costs to help the FBI
hack an iPhone -- although the company would likely spend millions more to
prevent this hack from dangerously leaking into the open. (Goldman)
Average "senior software engineer" at Apple: $147,049.
Average project manager at Apple: $108,059.
Average software quality assurance engineer at Apple:
$102,857.
Document writers at Apple weren't listed on Glassdoor, but
the average "technical writer" makes $71,950, according to the Bureau of
Labor Statistics.
Questions:
1. Could you please state your full name?
a. My name is Lisa Olle and I am currently the Global Law
Enforcement Manager for Apple.
2. What is your educational background? (Lisa Olle)
a. University: University of California at Berkeley
i. Bachelor of Arts (B.A.), Legal Studies 19962000
b. Law School: University of California at Berkeley
i. Doctor of Law (J.D.) 2000-2003
c. I graduated law school at the University of California at
Berkeley in 2003.
3. What previous positions have you held? (Lisa Olle)
a. Litigation Counsel
i. Apple
ii. October 2007 June 2010 (2 years 9 months)
b. Senior Corporate Counsel, Litigation
i. Apple
ii. June 2010 June 2013 (3 years 1 month)
4. What do you currently do for a living? (Lisa Olle)
a. Global Law Enforcement Manager
i. Apple Inc.
5. How long have you worked for Apple as Global Law Enforcement
Manager? (Lisa Olle)
a. June 2013 Present (2 years 11 months)
6. What is the FBI asking Apple to do?
a. Apple was shocked and saddened by the mindless savagery
of the December 2, 2015 terrorist attack in San Bernardino. In the days
following the attack, the FBI approached Apple for help in its investigation.
Apple responded immediately, and devoted substantial resources on a
24/7 basis to support the governments investigation of this heinous crime.

But the FBI decided our resources werent enough and they asked us to
create a software that could bypass the shooters iPhone encryption.
b. As a result of the December 2nd terrorist attack in San
Bernardino, the FBI is asking Apple to create a software that can bypass
the Syed Farooks iPhone encryption.
c. They are basically trying to compel Apple "to use our existing
capabilities to extract data like contacts, photos and calls from locked
iPhones running on operating systems iOS 7 and older" in order to assist
in criminal investigations and prosecutions through the creation of this
software.
7. How do you think this will affect the company?
a. The software the FBI wants Apple to create is a conflict of
expression. They are forcing us to express a potentially dangerous code
that is against our interests.
b. We are being asked to hack our own users and undermine
decades of security advancements that protect our customers -- including
tens of millions of American citizens -- from sophisticated hackers and
cybercriminals.
c. On top of this it will cost Apple significant time and resources
to create a new operating system, especially on that cannot truly be
destroyed once created.
d. Given the complexity of designing, creating, validating,
deploying, and eradicating a bespoke operating system such as the
government demands, the burden on Apple will increase significantly as
the number of requests to Apple increase
a. The burden only will multiply when Apple has to destroy this
malicious code and recreate it every time there's a request
8. How will Apple monitor the effects of the coding?
a. To keep this hack from ever leaving Apple's premises, Apple
would probably house its "hacking department" in a new, highly-fortified
containment lab. We would "likely" build "one or two secure facilities"
similar to a "Sensitive Compartmented Information Facility."
9. What is Apple's legal problem with the warrant that is stopping your
company from complying with the FBI?
a. The people who allegedly committed the crime are dead,
they are no longer alive, and therefore there is no legal basis to get a court
to open the phone. There is no probable cause to searching for an
unidentified crime.
b. Code is protected speech, so the government can't compel
Apple to write a new version of iOS any more than it can force an author
to write a story.

c. The language for computers that changes instructions into


actions is part of a communicative process and therefore is protected
under the First Amendment.
d. The court's interpretation of the All Writs Act is overly
expansive. Complying would endanger potentially millions of Apple
customers by creating a back door that anyone could exploit.

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