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TECHNOLOGY A23
                                                                                                                Friday 26 February 2016

From Western Union to Apple: When tech battled government 

TALI ARBEL                     ers read a telegram meant
AP Technology Writer           for you, according to a
NEW YORK (AP) — The fight      Mississippi Law Journal arti-
between Apple and the          cle by Wesley MacNeil Oli-
FBI over access to a San       ver, a Duquesne University
Bernardino killer’s iPhone     law professor. But it was far
isn’t the first time industry  less clear what evidence
and government have            the government needed
tangled over privacy and       to present a court to justify
security. Every revolution     a wiretap.
in communications  tech-       Western Union, eager to let
nology  has sparked new        customers know it was look-
battles over its use that      ing out for their privacy,
changed the course of law      jumped at the opportunity
enforcement, surveillance      to object to government

                                                               In this Sept. 25, 2015 file photo, a Apple iPhone 6S is displayed at an Apple store on Chicago.
                                                                                                                                                                                   Associated Press

                                                               mitted by the Constitution.

                                                               The company’s efforts

                                                               helped set a standard

                                                               for telegram subpoenas,

                                                               Oliver wrote. For instance,

                                                               the government had to

This undated photo shows a rotary dial telephone in Houston.   provide a “reasonably ac-

                               Associated Press curate description of the

and civil liberties.           subpoenas in the mid-to-        paper wanted, either by
Here are a few famous          late 1800s. The company         its date, title, substance, or
cases that helped estab-       would argue that the gov-       the subject it relates to,” in-
lish the rules that govern     ernment’s requests for in-      stead of just requesting an
the government’s access        formation were too broad        “indiscriminate search” for
to our conversations and       and that they were unrea-       information contained in a
other personal details:        sonable searches not per-       broad swath of telegrams,
THE TELEGRAPH                                                  he said.

The telegraph upended

nineteenth-century no-

tions of time and distance,

making possible same-day                                                                                              This May 16, 1944 file photo shows a t device used by Western
                                                                                                                     Union which translates a telegram into holes on a tape, and
— and sometimes faster —                                                                                             then passes it along to the box-like apparatus at upper left.

communication where pre-                                                                                                                                                                 Associated Press

viously it had taken days or

weeks for a mailed letter to

arrive by train or steamer.                                                                                          THE TELEPHONE                 porters and distributors in
                                                                                                                     Law enforcement efforts       the 1920s. Federal agents
Its users, though, had little                                                                                        soared with Prohibition,      tapped the phone com-
                                                                                                                     leading to a confrontation    pany’s wires outside Olm-
expectation of privacy. All                                                                                          with phone  technology. A     stead’s company offices
                                                                                                                     particularly famous case      and by his home in an era
messages passed through                                                                                              revolved around Roy Ol-       when there was no warrant
                                                                                                                     mstead, a former Seattle      requirement for doing so,
the hands of telegraph op-                                                                                           police officer who became     said Richard Hamm, a his-
                                                                                                                     known as “King of the         tory professor at the State
erators, and the telegrams                                                                                           Northwest Bootleggers” for    University of New York at
                                                                                                                     running a ring of liquor im-  Albany.q
themselves were easily ac-

cessible to government

agents.

Many states had privacy        This March 20, 1944, file photo shows switchboard operators in
laws forbidding the tele-      London. 
graph company to let oth-
                                                                                                   Associated Press
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