In December of last year, two individuals carried out a violent terrorist attack in San Bernardino, California.

The couple, Syed Rizwan Farook and his wife Tashfeen Malik, killed 14 people and injured at least 21 others before they themselves were killed in a police shootout.

Immediately before the attacks, the couple openly pledged allegiance to the terrorist group ISIS (a.k.a.: the Islamic State, ISIL, Daesh).

Those two people were terrorists, and their acts were acts of terror. The events in San Bernardino were heinous and tragic, and we should do anything in our power to maintain security and prevent similar events in the future.

I doubt anyone in the United States would disagree with those statements.

However, there is incredible disagreement in this country regarding how to proceed from here…

After the violent tragedy, police forces uncovered two smashed iPhones in a trashcan near the site.

Now, the FBI wants Apple (NASDAQ: AAPL) to help it unlock one of the phones, which was used by Farook.

The FBI isn’t exactly sure what it might find, but it needs Apple’s help to ensure the data isn’t erased after too many incorrect attempts at the phone’s pass code.

Prosecutors said they needed Apple’s help accessing the phone’s data to find out who the shooters were communicating with and who may have helped plan and carry out the massacre, as well as where they traveled prior to the incident.

There are a few important points we should all consider before jumping to our opinions and digging our heels in.

• The iPhone in question was issued to Farook by the county. (I would argue that this technically makes it government property.)
• There is no system currently in place that will allow Apple to bypass the iPhone’s security. They will have to build a completely new iOS.
• The government is relying on an act from 1789 to justify its request.

If you think the government isn’t constantly sifting through your text messages, Google searches, Facebook activity, and YouTubing… let me know whatever you’re on so I can get some for myself.

Has everyone forgotten Edward Snowden?

Wake up, people.

We already know it’s happening. The case vs. Apple is just designed to make it legal.

Christopher Soghoian, Principal Technologist at the American Civil Liberties Union, makes one very ominous point:

“Surely the NSA can help the FBI do this. That they’re going the legal route suggests they just want to set precedent.”

Again, I doubt there is anyone in this country who does not want to prevent future terrorist attacks. Everyone can probably agree that when American lives are at stake, it’s essential to protect them.

But to what degree? At what cost? To what extent are you willing to sacrifice your right to privacy?

“Can courts compel Facebook to provide analytics of who might be a criminal? Or Google to give a list of names of people who searched for the term ISIS? At what point does this stop?”

— Rep. Ted Lieu (D-Calif.)

If any government agency were to search through my Internet history or phone activity to that degree of specificity, I would be screwed.

If that sort of arguably invasive government activity ever becomes legal, I won’t need to wait more than five minutes before a black bag is over my head and I’m en route to Gitmo.

Let’s make one thing clear: This case might be specific to Farook and the attacks in San Bernardino, but the consequences of the ruling will reverberate across this country.

In a society where every part of our lives is rapidly becoming entwined with technology, I think it’s important for everyone to assess the impact of this decision. 

The current case is about one iPhone, but the precedent it could set will enable the government to bypass security measures in all phones… accessing anyone’s information whenever they want.

If the Department of Justice can force Apple, a private company, to bypass security measures and enable information surveillance, imagine what it can make other private companies do. 

“The government suggests this tool could only be used once, on one phone. But that’s simply not true. Once created, the technique could be used over and over again, on any number of devices. In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks — from restaurants and banks to stores and homes.”

— Apple CEO, Tim Cook

It’s starting to feel like we’re not far from tracking chips injected into our arms and connected to a government database.

I apologize if this sounded rushed, but I’m trying to make it quick since I expect the NSA is already on their way to my office.

If you don’t hear from me next week, you’ll know where to find me:

Until next time,

Jennifer Clark for Pro Trader Today