Ray Kelly on Apple vs. FBI: Ultimately has to be solved by Congress

Former NYC Police Commissioner Ray Kelly, who is Vice Chairman at K2 Intelligence, on the FBI's efforts to get Apple to unlock the iPhone of one of the San Bernardino shooters and the potential impact of the Obama Administration's proposed ... budget on security in New York City.

Fmr. NYPD Commish Kelly Says Leave FBI, Apple Scuffle to Congress

By Government And Institutions

When it comes to the standoff between Apple (AAPL) and the FBI, former New York City Police Commissioner Ray Kelly, told the FOX Business Network’s Maria Bartiromo “this ultimately needs to be solved by Congress.”

Continue Reading Below

“As far as I can see, this case really is about one phone because Apple will control the whole process of I think what the FBI is looking for -- is the phone to be taken and sort of turned over to them without this capacity to turn off after 10 tries. So that is totally within the belly work of Apple. I don’t see why it raises it the potential for it to be hacked,” he added.

Tim Cook sent an open letter to Apple employees on Monday reiterating the company’s position in the Apple, FBI iPhone case and his desire for the government to drop All Writs Acts demands.

“You need a judicial decree, that’s what the Fourth Amendment is all about. It’s against unreasonable search absent a warrant based on oath an affirmation. That’s the system of government that we have here. It goes back hundreds of years. So just Willy-nilly do these sorts of things? No, it’s just not going to happen,” he said.

More on this...

Kelly discussed Apple’s security and why he believes the government is “reasonable” for trying to get the information.

“Everybody wants privacy, but the public is also concerned about its safety, and now they’re moving to the side of security...I think Tim Cook drew the line in the sand, probably in the wrong place, with the 5C phones because this technology is improving, the 6, the 6S. Apparently, they say it’s impossible to get into those.”

Continue Reading Below

Kelly noted that Apple has unlocked 70 other phones in private.

“Law enforcement is of course doing all their activities pursuant to the constitution and there’s certainly restrictions around that are, but as far intelligence is concerned it’s a little less restrictive. They have more options to get information than the law enforcement does.”

He also provided insight into Obama’s budget cuts to anti-terrorism funding.

“Chuck Schumer has been a stalwart as far as getting resources for New York City. Don’t forget this city has had two major attacks. 2,700 people killed here.  On the Bloomberg watch, we had 16 plots and there have been more plots against the city since then. This is still the number one target, no question about it. The city needs those resources.”

What do you think?

Click the button below to comment on this article.