Apple’s Encryption vs. Federal Investigations Essay (Critical Writing)

Introduction

Numerous IT companies have become extremely influential in the US. Moreover, they have significantly altered the way we perceive various issues concerning privacy. The multiple technologies that allow IT giants to encrypt almost any kind of information have proven to become a serious obstacle for the FBI. Currently, the agency faces difficulties when seeking to acquire all the information needed for investigation processes and the prevention of future crimes. Therefore, an analysis that focuses on the ethical dilemma of guaranteeing users’ privacy is required in order to realize the best strategies that can help enhance national security without undermining freedoms.

Ethics and Law

The issue can be considered an ethical dilemma, as it raises numerous concerns about the multiple rights related to privacy. Laws are believed to represent a structured framework of social norms that are enforced by the government. Hegde, Agarwal, and Rao (2020) claim that modeling ethics is critical to understanding and analyzing social phenomena. Therefore, all laws are generally expected to be honored by federal agencies, companies, and citizens alike. It is crucial to realize whether a hierarchy exists that can help compare the significance of national security with freedoms.

Apple and Encryption

Given the amount of information users exchange and store every day, it has become crucial for many to feel secure about the technologies used by IT companies to ensure users’ privacy. Technology companies are determined to strengthen the security measures on users’ smartphones Ahlam (2020). One of the reasons they do it is the desperate urge to market it as a competitive advantage. Tech brands can significantly increase their revenues and market values when users are assured that their information is secure. Thus, shareholders directly benefit from the multiple measures IT giants take in order to ensure privacy under most circumstances. Moreover, it leads to the increasing involvement of stakeholders in tensions between national security and users’ privacy.

American tech companies are influential and independent enough to insist on the necessity to always protect users’ data. According to Ferrell et al. (2019), business ethics and social responsibility play vital roles in determining brand attitudes. Cases between Apple and the FBI, in which Apple refuses to comply with a court order to aid the FBI in overriding the security features, lead to tension (Etzioni, 2018). Nevertheless, Apple dropped plans to let iPhone users fully encrypt backups of their devices in the company’s iCloud service after the FBI complained that the move would harm investigations (Menn, 2020). Therefore, it is essential to adopt a more philosophical approach to the issue and realize what society values more under different circumstances.

COVID-19

The COVID-19 pandemic has significantly altered the approaches to securing users’ data. According to Brakel et al. (2022), the COVID-19 crisis can also be considered an “opportunity window” and a legitimate reason for governments to implement surveillance mechanisms. Governments and health authorities around the world have attempted to mobilize digital technologies to address this novel threat, including the use of tracker wristbands, smartphone applications, and thermal cameras (Sharon, 2021). Therefore, there is still no universal way to address the issue, as current circumstances may eventually alter companies’ and the government’s decisions concerning data security measures.

Ethical Theories

The application of ethical theories to the issues concerning data privacy provides different explanations. Kantian ethics implies that there are universal rules that people’s actions must always comply with. The social justice theory suggests that all people are expected to obey moral rules once they enter a social contract. According to ethical relativism, people should make decisions based on their feelings about what is right and wrong. I believe that the above-mentioned theories lack the necessary flexibility. Thus, their application will oversimplify data privacy and national security issues.

According to the judgments developed by the utilitarian approach, it is essential to take measures that ensure the greatest good to society. Therefore, it is vivid that this theory provides the best guidelines for addressing the issue. IT companies should be ready to cooperate with the government and assist law enforcement whenever a crime is involved. Providing a clear explanation that only criminals, not suspects, will be exposed can actually contribute to brand image. Currently, what makes people anxious is the lack of regulation and clear margins that can explain the cases in which a tech company is obliged to share its data.

Conclusion

There is a wide range of approaches that can be applied to the problem. Nevertheless, the analysis that involved the evaluation of various ethical concepts and theories allows for an enhanced understanding of society’s values. Therefore, the application of measures that guarantee data security to all citizens that do not break the law is the most efficient strategy that can help address the issue. The government and IT companies should cooperate in order to develop and establish a universal framework that will clarify all the details concerning data security.

Reference List

Ahlam, R. (2020) ‘Apple, the government, and you: security and privacy implications of the global encryption debate’, Fordham International Law Journal, 44(3), pp.771–846. Web.

van Brakel, R. et al. (2022) ‘Bridging values: finding a balance between privacy and control. The case of corona apps in Belgium and the Netherlands’, Journal of Contingencies and Crisis Management, 30(1), pp.50–58.

Etzioni, A. (2018) ‘Apple: good business, poor citizen?’, Journal of Business Ethics, 151(1), pp.1–11.

Ferrell, O. C. et al. (2019) ‘Business ethics, corporate social responsibility, and brand attitudes: an exploratory study’, Journal of Business Research, 95(2), pp.491–501.

Hegde, A., Agarwal, V. and Rao, S. (2020) ‘Ethics, prosperity, and society: moral evaluation using virtue ethics and utilitarianism’, Proceedings of the 29th international joint conference on artificial intelligence (IJCAI 2020), Yokohama, Japan, 2021, pp.167–174.

Menn, J. (2020) Exclusive: Apple dropped plan for encrypting backups after FBI complained – sources. Web.

Sharon, T. (2021) ‘Blind-sided by privacy? Digital contact tracing, the Apple/Google API and big tech’s newfound role as global health policy makers’, Ethics and Information Technology, 23(1), pp.45–57.