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Fight over smartphone encryption stirs privacy concerns

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There is no need for smartphone users to panic. The federal government is not seeking access to all of them, according to Attorney Gary M. Schober with Hodgson Russ. Schober, whose practice includes privacy, data breach and cybersecurity, says the court order compelling Apple to unlock San Bernardino attacker Syed Farook's iPhone is different. Schober says the phone was not owned by Farook.

"It was a phone that was issued to him by his employer, the county. Therefore, it is the county that is asking for access to this phone. That is very different from the situation where you and I might have a personal phone and the government tries to access information on that phone over my objection or over our objection," Schober said.   

Apple's CEO Tim Cook plans to fight the court order. Cook says the government will get a master key to all encrypted iPhones.

Schober says given the seriousness of the crime, he thinks the public will side with the government.

"This was a horrific crime that was committed in California. Part of government's responsibility is to protect its citizens by doing its job in investigating. The FBI has reason to believe that this information may provide them with information useful to their investigation," Schober added.

Schober says he believes Apple will be unsuccessful in fighting the court order.