The Benefits of Technological Improvement

Technological improvements to device security have made it harder for law enforcement to gather evidence. But technological improvements -- over the larger scope of human history -- have generally improved the human condition.

In How to Fly a Horse by Kevin Ashton, Ashton comments on how weaver-Luddites destroyed automated weaving looms because they feared losing their jobs. These looms eventually led, however, to greater manufacturing efficiencies and even more advanced technologies, which led to more jobs and more educated workers. More people learned to read and obtained higher levels of education, with huge improvements in living standards. Id. This trend has continued -- in multiple industries -- through the present day.

Ashton notes that no one could have predicted or anticipated the positive long term impacts of automated looms -- it is impossible to predict all the consequences flowing from a technological improvement. Id. Ashton says that new technologies always bring new problems, but that the answer is not to restrain the new, beneficial technology but to welcome unanticipated consequences, both good and bad, inventing and problem solving along the way. Id.

Apple and other device makers have been improving their products by making them more secure. These technological improvements will produce unpredictable long term consequences. As with past technological improvements -- like the automated loom -- many of these consequences will be beneficial and improve the human condition. Unforeseeable but largely positive long term consequences shouldn't be addressed through a wide-ranging, premature, regressive legal/government mandate that retards improvement and forces device makers to damage their own software/security (destroying their own "loom").

And law enforcement has the resources/expertise needed to address the evidence problem internally -- through their own decryption efforts -- instead of trying to roll back improvements to device security through the careful selection of "bad fact" cases that create bad law and destructive legal precedent. The FBI's internal decryption efforts might not be as easy or convenient, but a trade-off in convenience seems reasonable given the unanticipated, long term societal benefits of improvements in device security.

The author owns stock shares of Apple.