Where does the government get the authority to order Apple to hack one of it's customer's phones?
Why do Republican candidates who claim to support a strict interpretation of the Constitution and limited government side with the government on this issue?
Red:
The All Writs Act of 1789.
Blue:
Because folks who hold great power, or who have a reasonable expectation of soon holding it, recognize damn well that they too will want to have a means of exacting their influence in a court of law when circumstances arise for which there is no other legal guidance or precedent pertaining specifically to the situation.
The idea of the All Writs Act is consistent with the principle of representative democracy, with what it means to be a republic. In a republic, citizens choose other citizens and empower them to make the best decisions they can on the electorate's behalf. Republicans and Democrats both understand that and neither wants to see constrained their ability to do so, regardless of which party holds sway at any given moment, merely because our legal system is silent on a specific matter.
The key issue:
"The All Writs Act only applies if compliance is not an unreasonable burden."
It seems to me that Apple can make a very good case that this is an unreasonable burden.
It is unreasonable for law enforcement to want to get into that phone ? The burden on Apple to get into that phone is very reasonable and very critical.
Frankly, the U.S. Government doesn't much talk about it's computer prowess and "cyber-war" endeavors, but there's no denying that it, like China and other world powers, has among the best hackers on the planet. Why they haven't hacked the damn thing already is beyond me. How much can it take to go buy an iPhone or two to "mess with" and figure out how to hack the things before using the actual one they want to access?
If you ask me, I think the government has already done that and hacked the darn phone. I suspect, however, that the info they obtained is of a nature that were the FBI to use the information they gained, it would become obvious that they have hacked it. I think the FBI feel that it's in their interest to let the general public believe that the iPhone is inaccessible. Forcing Apple to give them the "hack" eliminates the presumption that the government has already gotten what they want. I suspect that if "push comes to shove," and events warrant the FBI use the info they ostensibly already have, they'll use it, but in the interim they'll proceed with their legal front.
Another thing that may be "in play" is that the FBI have identified a one-off sort of "hack" for the phone they have from the San Bernardino event, but they want a solution that is more general and that at the very least they can use (or enhance) on any iPhone rather than having to "re-invent the wheel," as it were, each time they encounter a need to do so. The most efficient means to the end is to get the code/technique from Apple and, if need be, enhance it themselves; Apple will know what is "general" with regard to all iPhones and what is specific to each iPhone. The FBI would otherwise have to figure that out on their own, which may be no mean feat.
Given my speculative thoughts above, my question would not be why or whereof do the FBI obtain the authority to demand Apple "hack" the phone. It'd be why does the FBI want or need that in the first place. I know ostensibly they cannot crack the phone they want to. I just don't buy that. The NSA built and got a major "hack/worm" implemented in Iran's nuclear enrichment systems. That they don't collaborate with the rest of the U.S. national security community -- FBI, CIA, etc. -- is just preposterous and naive to believe.