Topic: Ted Olson

Legal experts argue that the FBI's demand for Apple to unlock the San Bernardino shooter's phone constitutes a "fishing expedition" rather than a standard search based on probable cause. Because the suspect is deceased and the government is looking for unknown potential crimes, critics claim the Fourth Amendment protections against unreasonable search and seizure are being bypassed.

A theory is proposed that Apple's hardline stance on encryption is driven by a fear of massive class-action lawsuits if they violate their own security promises. By pushing for Congressional legislation, Apple may be seeking a "blameless and harmless" legal shield similar to those granted to pharmaceutical companies. This would protect the company's downside while maintaining its brand image as a privacy advocate.