News for hackers. Stuff that matters.

A comment on Apple Is Said to Be Working on an iPhone Even It Can’t Hack. Parent comment

Re:Apple Is Said to Be Working on an iPhone Even It Can’t Hack by CamperBob2 on Wednesday February 24, 2016 @09:39PM (#11172006)
The memos didn't provide de iure indemnity. There is no constitutional basis, in fact the proposition that a memo can supersede the Constitution is idiotic on its face.

Yes, and that's what I meant by "let the courts sort it out later." The Constitution's not much help either way, being full of imprecise, hand-waving language and vague terms like "cruel and unusual." It was anticipated by the Constitution's authors that it would be of use only to a moral government.

Nevertheless, since there is no legal basis, there is nothing preventing the next government from prosecuting them.

I wonder if that's ever happened in the US? Does anyone know?

[ Parent | on HN ]
Re:Apple Is Said to Be Working on an iPhone Even It Can’t Hack by rdancer on Thursday February 25, 2016 @12:59AM (#11172644)
I would disagree. The Constitution is a bulwark against tyranny. The US have successfully prosecuted waterboarding in the past.

It usually only happens when the rule of law is suspended and then resumed. You're a young country, so maybe it hasn't happened before. Robert H. Jackson was an American, though ;-)

[ Parent | on HN ]