Between setting a harmful booby trap that can injure anyone and protecting privacy under the 4th Amendment. A fence and locks are passive forms of upholding the 4th Amendment regarding one's property, even intelligently directed deadly action is protected. To compare booby traps, land mines, electrical shock traps, and other forms of harmful devices which can harm anyone to intelligent decided action and passive protected information such as by encryption is an unequal and unfair comparison.
I've been following this issue with some interest and I'm wondering whether
any of you could shed a bit more light on it for me.
I understand the arguments that both Apple and the FBI are making. My
personal confusion comes when I try to differentiate this case from a normal
search warrant that police use to enter a premises to search for evidence
that may indicate criminal activity. In order to get this warrant, police
must present an argument to a judge outlining the probable cause they have
which suggests that the evidence actually could exist. IOW, they can't just
say that they think that there might be something there, they have to be
able to demonstrate probability.
Now, if the police appear on your doorstep with a warrant and you refuse to
allow them to enter your premises, you will likely be charged with
obstruction of justice or some such thing. Further, if you booby-trapped
your premises so as to cause injury to the police, I'm sure that other
offences would ensue. Or, if you do essentially what Apple is doing and hire
a private security firm to refuse police access to your premises, that too
would be illegal.
Clearly Apple has the capacity to software their way into an iPhone but have
refused to do so on the grounds that this interferes with an owner's
privacy. Further, they claim that creating this software would provide
illegal hackers with a backdoor into the operating system which would make
these devises less secure. Surely, if Apple could build a way into these
devises, bad guys could too so that argument is moot, IMO. It's up to Apple
to build in enough safeguards and upgrade them as needed to remove
vulnerabilities.
Finally, why is it that these devises deserve a higher level of security
than our homes? It seems that most people who have any level of cyber
awareness ought to be aware that anything in the digital universe cannot be
totally, absolutely guaranteed to be devoid of any risk whatsoever of being
intercepted by legal or illegal measures. Our homes can be illegally entered
even though it's against the law but even in that case, we're not allowed to
deliberately booby-trap our home to enhance our protection.
I kind of hate to be on the side of the FBI but for me, Apple hasn't come
anywhere close to justifying their position. I'd love to be proven wrong on
this.

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