Research in Motion is having quite the week. They’ve released a new device, the Torch, combining touch-screen capabilities with a slide-out version of their famous keyboard. This new BlackBerry is RIM being competitive without losing sight of who they are. The Storm – their previous touch-screen model – was a little too much “try to be an iPhone” and not enough “remember you’re a BlackBerry.”
The other news affecting this Canadian technology powerhouse is that several countries, none of which is a finalist in the Freedom to the People sweepstakes, are considering blackballing the BlackBerry for being too secure. Here is a link to one of the articles reporting such: http://arstechnica.com/gadgets/news/2010/08/its-official-saudi-arabia-bans-blackberries.ars
Consider Bernstein v. U.S. Department of Justice. http://www.eff.org/cases/bernstein-v-us-dept-justice Encryption is an expression the freedom of which is not to be infringed. This is a leading example of the importance of digital security. There are far too many citations to post here that lead to arguments why encryption is a crucial and protected freedom.
As well, I’m nearly finished writing a series on the importance of digital security in the mobile device and software choices lawyers make, in light of the Professional Conduct Handbook to which all lawyers in B.C. are bound.
Simply, privacy is important, and should neither be infringed nor compromised to suit either the common marketplace or the wishes of governments that do not prioritize individual rights and freedoms.
The new BlackBerry Torch, in its combination of consumer-market demanded touch-screen interface and improved media and apps, with trademark BlackBerry keyboard and other interface concepts, should serve as the template for how Research in Motion addresses the global privacy matter.
If RIM were to simply go the iPhone/Android route and reduce their products to consumer-level security, they will keep certain marketplaces open, while undermining their actual market. Despite mass market models such as whichever the slim pink one is that my sister uses, the core of the BlackBerry market is made up of sophisticated and security-conscious business, finance, and legal sectors.
The better route for BlackBerry is to work with these governments to reshape their privacy policies in favour of citizen rights. It’s no small task, but multinational corporations have influenced government before, and this is an opportunity for a corporation to have a positive influence on policy by promulgating citizen rights. By demonstrating the improved productivity of secure communications, as well as the benefit to those very governments if they were to equip themselves with secure mobile devices, Research in Motion can use this apparent impasse as an opportunity to promote individual freedom.
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Prolifically written Jeremy and well documented with ultimately the positivity of these iPhone in our day to day lives to be our ultimate concern…It’s been awhile since I’ve read one of your posts and I am respectful of your opinion in these matters.
Your knowledge and wisdom is evident in this blog that you have incorporated your legal studies in your blogs…
“The better route for BlackBerry is to work with these governments to reshape their privacy policies in favour of citizen rights”
Why should they? Will a significant number of customers stop to use the service and the devices because RIM “supports law enforcement agencies in their duty to prevent crime and terrorism” (as I would put it). I doubt so.
1 – With respect to the claims that these countries are asking to crack RIM’s encryption to prevent terrorism, do you honestly believe that Saudi Arabia, United Arab Emirates, and Indonesia are trying to prevent terrorism by cracking Blackberries? Having never shown any inclination to prevent terrorism in the past – Saudi Arabia famously funds terrorist groups – I seriously doubt that they’re turning over new leaves of responsible global citizenship, starting with snooping on Blackberry users, and only in those countries, and only as terrorism counter-measures.
2 – Do I think people will stop using Blackberries if the encryption is revealed? Yes. Those who depend on critical levels of confidentiality – the vast majority of whom for legitimate reasons – will second guess their heretofore first choice of mobile data device. Lawyers are sworn to a level of confidentiality so high that their conversations and notes with clients are protected by solicitor-client privilege, which unlike doctor-patient and other forms of privilege, cannot be subpoenaed. It can only be broken by a court order and only in limited very specific situations. That’s why firms use Blackberry and not iPhones on their data networks – reliability and security that protect freedom.