Ted Olson, the legendary attorney who recently signed on with Apple to help in their case against the FBI, has given some of his thoughts on the case in a new interview. Echoing sentiments previously made by Apple executives, Olsen said that Congress, not the courts, should make the ultimate determination on encryption of personal devices. To leave it to courts, he believes, would lead to wildly inconsistent directions on the matter for the foreseeable future.
"You might have one court going one way and another court going another way," Olson said. "If you do this on a case-by-case basis, you're going to have different outcomes."
Olson joined forces with Apple following the company's resistance to a federal court order compelling it to assist the FBI in unlocking the iPhone 5c used by one of the San Bernardino shooters. Olson has a history with high-profile cases, having argued on the winning sides of both Bush v Gore in 2000, and Hollingsworth v. Perry in 2013, which struck down California's same-sex marriage ban.