@Alan re: Apple vs FBI from our legal expert --- Pavlina Ittelson (our legal expert) has been very busy, but she just got back to me with this response to Alan's question:

So, if we have a device which is evidence in criminal proceedings, law enforcement (the FBI) has the right to access the information on the device. If they are unable to do so themselves, they ask the manufacturer (Apple, who refused) or other experts - in this case the Israeli security company, who cracked it.

It is legal, and there are no liability considerations as it is evidence [being evidence in proceedings implies due process has already been followed].

If 'Mr. Joe' goes in and tries to get the data from the cell phone, which is not his and he has no authorisation, that is illegal and he bears liablity for his action. Not sure what that would entail (whether it would be a criminal case or civil).

Similar to that is the Pegasus case - with NSO Group entering the devices without the knowledge of the owners and using them for their purposes - triggering liability for their actions.

Let me know if this answers your question, Alan (with thanks to Pavlina).

Source author: Ginger (Virginia) Paque VirginiaP@diplomacy.edu