Foley Attorney Discusses Privacy Issues in Wake of Apple iPhone Decryption

Foley Special Counsel and former Justice Department attorney Eric Berg commented on the ongoing dispute between Apple Inc. and the Federal Bureau of Investigation over the decryption of an iPhone linked to a terrorist attack. Most recently, the FBI took matters in its own hands and unlocked the iPhone without Apple’s assistance. The government now seeks to drop its legal case against Apple.

In response to the latest development, Berg spoke with the Wall Street Journal and was quoted in its article, “FBI Opens San Bernardino Shooter’s iPhone; U.S. Drops Demand on Apple.” Berg said he expects technology companies to make their devices harder to crack with each iteration.

Berg also shared insights in the New York Times article, “In Apple Debate on Digital Privacy and the iPhone, Questions Still remain.” Berg said, “This might be a missed opportunity for the Justice Department. Having this whole debate muted by this solution is probably a little bit disappointing for them.” He continued to explain that although this has ended without a court decision and a clear verdict, “this case has forced a national dialogue, and it really has brought this issue front and clear. So the public won in the sense that this issue is now being debated.”

In addition, Berg was quoted in the Bloomberg article, “IPhone Security is the Casualty in Apple’s Victory Over the FBI.” He was quoted saying, “I don’t foresee a scenario in which both sides are happy. There are reasonable arguments on both sides for what the privacy lobby and the law enforcement community are lobbying for. I have trouble seeing an outcome which would satisfy both sides of that debate.”

Berg continued his insights with NPR All Tech Considered and was quoted in the article, “Apple Vs. The FBI: The Unanswered Questions And Unsettled Issues.” If unlocking this particular iPhone was the goal, he said, “you could argue that this is a success because the FBI got the information much more quickly than they would have through the court system.”