Can the government force Silicon Valley to spy on its customers?

The idea of forcing Silicon Valley companies to help the government spy on their customers might seem outlandish, but this kind of thing has become commonplace in the telephone industry. Indeed, the FBI's legal argument against Apple in the San Bernardino (CA) case rests heavily on a 1977 Supreme Court decision ordering the New York Telephone Company to help the FBI spy on one of its customers. It's only a matter of time before law enforcement agencies start to take advantage of the opportunities created by all the Internet-connected devices. And if the FBI wins its legal fight with Apple, it could establish a precedent that opens the door to the use of the All Writs Act for other types of surveillance.

But even if Apple wins in court — or the courts issue a narrow ruling that precludes more ambitious surveillance efforts — this debate isn't going to go away. Law enforcement agencies are accustomed to being able to use every available means to spy on suspects. There's no reason to think they'll be happy with a broad and permanent exception for digital devices.