As Apple Inc (NASDAQ AAPL) and Google Inc (NASDAQ GOOG) use customer privacy and data security as a method to differentiate their products, recent moves that would essentially lock out the prying eyes of the U.S. Department of Justice and National Security Agency are coming under scrutiny.

FBI are in talks with Google and Apple about new security features that don’t even allow the cell phone makers to hack into the phones. “I am a huge believer in the rule of law, but I am also a believer that no one in this country is above the law,” FBI director James Comey told reporters at FBI headquarters in Washington, reported in the Huffington Post. “What concerns me about this is companies marketing something expressly to allow people to place themselves above the law.”

One issue with the rule of law is the government’s ability to spy on U.S. citizens unrelated to terrorism or criminal activity, an issue that is yet to be explored. The government can essentially use the phone as a spying tool without a warrant. Some government spying tactics include turning on the phone’s camera and microphone for covert eavesdropping. Privacy and constitutional advocates note that such broad government spying capabilities should be associated with a warrant and probable cause.

Google Inc (NASDAQ GOOG) News: Security Issues

Last week Apple Inc (NASDAQ AAPL) announced that even Apple could not unlock encrypted iPhones and iPads for law enforcement due to the computer devices no longer allowing user passcodes to be bypassed. “Unlike our competitors, Apple cannot bypass your passcode and therefore cannot access this data. So it’s not technically feasible for us to respond to government warrants for the extraction of this data from devices in their possession running iOS 8.”

On an Apple privacy blog, Apple CEO Tim Cook stressed the firm’s commitment to its customers. “I want to be absolutely clear that we have never worked with any government agency from any country to create a backdoor in any of our products or services,” he wrote.

“We have also never allowed access to our servers. And we never will. Our commitment to protecting your privacy comes from a deep respect for our customers. We know that your trust doesn’t come easy. That’s why we have and always will work as hard as we can to earn and keep it.”

Google Inc Financial News (NASDAQ GOOG)

This doesn’t sit well with the FBI, which is reported to be in discussions with Apple Inc (NASDAQ AAPL) and Google Inc (NASDAQ GOOG) executives.

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