Re:Apple Ordered by UK to Create Global iCloud Encryption Ba...
by reverendsteveii on Friday February 07, 2025 @05:05PM
(#42978038)
>That strategy relies on courts always being slow and expensive though.
It doesn't rely on them being slow and expensive, it forces them to be slow and expensive, or to abrogate your rights as a litigant in such a way that any decision they make will be overturned on appeal (which drags out the process even further). Courts can issue injunctions, and those injunctions can be appealed, dragging things out further. If the damage is high enough courts can fast track cases but what do you do about the 99.99% of cases where the damage isn't high enough, and who gets to decide when it is? If this doesn't work why does it keep working?
I'll concede that if whoever's being sued is going to rely on secret legal interpretations like the NSA/intelligence agencies did with the FISA court rulings, then it makes things a lot trickier.