If only the FBI had picked a case where the issue was clear cut…that would make this encryption issue so much easier.

1. The FBI doesn’t want Apple to simply “unlock” the phone.

Apple (and just about every other high tech company) has been unlocking devices and allowing access to data for law enforcement for decades.  That’s not the issue here.  The FBI wants the encryption to be broken. They want software to be rewritten or written that compromises security features. That’s a lot different than just unlocking a device.  That request breaks security.  Worse yet, it sets a precedent.  Law enforcement knows about precedent setting laws. Sometimes it is good, but sometimes it is not.

2. It’s not the end of the world if encryption is broken.

Our lights will still turn on. Cars will still run.  Kids will still be able to go to school.  However, online payment systems will be as protected as a wet paper bag, secure communications will be as secure as Windows 3.1, and anything you send electronically is fair game to hackers (and government).  But don’t worry. If encryption is banned or broken, there will still be those able to use encryption (hint: one is government and the other is not law-abiding citizens).

3. “Terrorist will Go Dark” is the best marketing ever created by government. 

The only time terrorists are not operating in the dark is when they use social media in the open, print terrorism training manuals (which are then posted online), and killing people in the open.  Plus, they still have to drive, fly, walk, eat, sleep, talk, go to the doctor, read a book, watch TV, and surf the Internet.  Terrorist and criminals have all the faults of ‘regular’ folks like complacency, laziness, incompetence, and bad luck when they plan and commit terrorist acts.  I've published two books on catching criminals (and terrorists) with online and forensic investigations.  You can put both books in the hands of a terrorist and the methods to find and catch them will still work.  "Going dark"? If a criminal or terrorist can do all the things needed to carry out their devious plans in encrypted emails ONLY, their plans are going to stink.  Planning an attack or conspiring to commit a crime requires way more than sending encrypted emails.  Working undercover in criminal organizations did teach me a thing or two in how it really works and how they really think and plan.

4. You have nothing to hide, so what’s the big deal?

The government claims that since you cannot build a house that is impenetrable, you should not have use of encryption that can’t be broken.  Well..if I could make my home impenetrable, you bet I would. If I could buy a safe that was unbreakable, I would.  They just don’t exist.  It’s not that I have anything illegal to hide in a safe, but I don’t want anyone to steal what I have.  It’s not that I have anything top secret in an email, but I just don’t want strangers reading what I am sending to a friend, or to a business colleague.  The point is NOT having something to hide, but rather, NOT hanging my underwear in the front yard on a clothesline for anyone to see or steal (that is, if they wanted to steal my undies…).

And of course, if Apple loses, or bows down to government pressure, I can think of at least one less customer who will buy a "secure" device from Apple since the definition of "secure" will change to "that which you can't break, but hackers and government can".