Apple and anti-terrorism act

As Apple rejected FBI’s request to unlock iPhone’s passcode of Muslim couple who waged shooting spree in San Bernardino, California late last year, Americans have shown two different perspectives. Although more than half (51 percent) of American people are not in favor of Apple’s response, their trust on Apple’s locking system, which is said to take FBI more than 100 years to unlock, is growing as well. It was a simple decision for Apple to protect private information as an IT company.

Respecting privacy and protecting national security are equally important. In October 2001 immediately after the September 11 attacks, the U.S. brought in Patriot Act that allows wiretapping and surveillance on citizen’s telecommunication records. Soon after, however, an underlying question of “who would watch the watchers?” came up. Edward Snowden, a former National Security Agency contractor, disclosed the fact that Washington eavesdropped American citizens and searched their financial accounts through the PRISM project.

Some Koreans liken the filibuster by opposition parties who are trying to block the passage of to Apple’s rejection. It’s inappropriate, however, to compare Korea, which has been powerless in anti-terrorism acts amid rising tension with North Korea and threat from the IS, to the U.S. that exercised full authority with the Patriot Act. As the U.S. agency's spying project was found unconstitutional at a federal court, the Patriot Act was abolished and the USA Freedom Act, which imposes new limits for restricted wiretapping and data collection, took effect in June 2015. The Freedom Act, however, has been by far more stringent than anti-terrorism bill of Korea.

The mobile messenger KakaoTalk raised the white flag in surrender after it had stood against the prosecution, which requested for wiretapping on the ground of protecting its members' privacy. Apple's counter to a court order to help U.S. investigators unlock the passcode is a type of survival strategy. There’s a logical jump in the argument where Apple’s decision is likened to opposition parties’ filibuster without considering different reality between Korea and the U.S. The core of anti-terrorism act lies in trustworthiness of the national intelligence agency, not in privacy protection. This should not be mistaken.

정성희기자 shchung@donga.com