148: ‘Occupy Portland’ With John Moltz

Episode Summary

Executive Summary: The episode centers on Apple’s fight with the U.S. government over whether courts can compel the company to write software to unlock an iPhone. The hosts argue a Brooklyn federal ruling strongly favors Apple, criticize the government’s reliance on the All Writs Act, and discuss public reaction, legal precedent, and congressional limits. The second half shifts to Apple product rumors and a long, enthusiastic review of the game Firewatch.

Main Topics: Apple vs. FBI: the Brooklyn ruling: The hosts discuss a federal judge’s decision in a New York drug case holding that the government could not force Apple to unlock an iPhone, contrasting it with the San Bernardino terrorism case and arguing the legal issue is largely the same. All Writs Act and legal authority: They explain why using the All Writs Act to compel Apple to write new code feels like a stretch, especially given existing telecom law that appears to bar forcing specific device designs or configurations. Civil liberties, public opinion, and politics: The conversation explores how terrorism changed public sentiment compared with ordinary criminal cases, why the issue cuts across left-right politics, and why emotional framing should not change the underlying law. Apple event timing and product rumors: The hosts speculate about Apple’s March event timing, discuss rumors of a 4-inch iPhone SE, a smaller iPad Pro, watch bands, and possible Apple TV updates, and wonder how Apple will position these products. Pricing, device lineup, and product strategy: A detailed discussion follows about likely pricing tiers for the new iPhone and iPad, whether Apple will keep older models around, and how Tim Cook’s Apple differs from Steve Jobs-era product culling. Firewatch review and games as art: The episode closes with a lengthy, heartfelt recommendation of Firewatch, praising its writing, visual design, voice acting, and emotional impact while arguing it qualifies as art.

Key Arguments: The legal question is not meaningfully different in a drug case versus a terrorism case: if Apple cannot be compelled in one, the same logic should apply in the other. The All Writs Act was meant as a catch-all for gaps in the law, not as a basis for forcing companies to create new capabilities that Congress never authorized. CALEA’s language supports Apple’s position because it says law enforcement cannot require specific design or system configurations from providers or manufacturers. The government is improperly seeking secret judicial authority rather than openly lobbying Congress for new crypto law. Even if Apple could technically build a one-off unlocking version, preserving that tool for evidentiary reasons makes the request a slippery slope and undermines claims that it would be limited to one phone. Public sympathy for victims is understandable, but it should not override legal process or civil liberties. The rumored 4-inch iPhone could be very attractive to users who prefer smaller phones, especially those with weaker eyesight or who dislike the size of the current models. Firewatch succeeds because it combines game mechanics, story, atmosphere, and visual art in a way that feels emotionally resonant and artistically serious.

Data Points: Judge ruling date: Monday, February 29 - The Brooklyn federal judge’s decision was described as late-breaking news on the day of the episode. Victims in San Bernardino attack: 14 killed, 22 injured - Used to contrast terrorism with the Brooklyn drug case and explain the difference in public emotion. Apple event date rumor changed: March 15 to March 21 - The hosts discuss Apple moving its expected event from a Tuesday to a Monday. Change fee per flight leg: $200 - The host’s airline booking had to be changed after Apple moved the event date. Extra tax/service fees on change: $116 - Additional charges were applied on top of airline change fees. Backblaze price: $5 per month per computer - Sponsor read for Backblaze cloud backup service. Squarespace offer code discount: 10% off first purchase - Squarespace sponsor read with code 'gruber'. Mail Route trial: 30-day free trial - Sponsor read for email filtering service Mail Route. Firewatch price: $20 - The game was praised as well worth the cost. Firewatch length of play: About 4-5 hours - Implied by the hosts describing it as not long but compelling. iPad Pro rumored size: 9.7 inches - Discussion of a smaller iPad Pro replacing or complementing the iPad Air line. Existing larger iPad Pro price: $799 starting price - Referenced while debating likely pricing for the smaller model. Existing larger iPad Pro storage: 32 GB, 128 GB - Current configuration of the 12.9-inch iPad Pro discussed as a pricing comparison. iPad Air price range: $399 to $579 - Used to compare current iPad lineup and possible gaps after new launches.

Pivotal Quotes: "I conclude that Apple’s position is more consistent than the government’s with the rule of statutory construction that requires giving meaning to all statutory words and clauses…" — Judge James Orenstein (quoted in transcript): Read aloud while discussing the Brooklyn decision and why the court rejected the government’s interpretation. "there is just no way that it that by not having you know completely circumventing the legislature and doing this in secret through the courts how in the world does that fit within our system" — John Gruber: Summarizing the separation-of-powers objection to the government’s approach. "Firewatch is art. If this is an art then nothing is art." — John Gruber: Expressing strong admiration for the game’s writing, design, and emotional impact.

Implications: The ruling and discussion suggest Apple has a strong legal position and may force Congress, not courts, to set any future device-access rules. The product-rumor section points to a niche but potentially popular small iPhone, while Firewatch is framed as a standout example of games as serious art.