Monthly Archives: June 2016

Apple Inc. and the FBI: Balancing Fourth Amendment Privacy Concerns against Societal Safety Concerns in the Digital Age

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review

On December 2, 2015, two shooters opened fire and killed fourteen members of the San Bernardino, California community.[1] Within hours, the police had shot and killed the couple who carried out the horrendous mass shooting.[2] Once the threat had been eliminated, law enforcement and the general public needed information explaining how and why this tragedy occurred. According to the Federal Bureau of Investigation (FBI), current evidence suggests that the shooters had a potential link to Islamic extremism.[3] While the FBI has uncovered troves of information about the San Bernardino attack, the FBI claimed that it needed more information.[4]

The FBI wanted to compel Apple to create software that will break-in to the iPhone and circumvent security features.[5] To do this, the FBI wanted the judicial system to issue a writ that requires Apple to create this software.[6] Judicial authority should not be used in this matter, if the government wants technology companies to provide technological assistance to the government, Congress should pass a law.  No court should issue an order that requires a company to circumvent its own security features as the customer’s right to privacy should outweigh the perceived increase to safety. Continue reading

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Justice Kennedy: To Swing or Not to Swing

Author: Brooke Logsdon, Associate Member, University of Cincinnati Law Review

The recent death of Justice Antonin Scalia has both political parties upset, as both parties want control in appointing the new Justice to replace him. Until Justice Scalia’s seat can be filled, the politically divided Supreme Court risks a 4-4 tie on almost all major contentious cases that are before the Court. In the event of a tie, the Supreme Court traditionally takes one of two approaches. It could result in affirmance by an equally divided Court, Continue reading

Ohio’s Limits on Health Services in the Electronic Age

Author: Andrea Flaute, Associate Member, University of Cincinnati Law Review

Telemedicine is a key innovation in the health care industry. Sharing patient information and physician services across long distances bridges a gap for patients across the world. Telemedicine’s benefits include access to services that would otherwise be unavailable; streamlined and efficient communication between patients and physicians; and the ever-important reduction of health care costs. The recent launch of “mHealth,” Continue reading