"This is the way we've done it in one industry after another and for one technology after another for many, many years now," Thierer said. "There's no reason information technology should be any different."
Litigation is not new to the EFF, which has a lawsuit pending against the NSA for conducting massive data collection on Americans through the Internet. While the operation is aimed at detecting terrorist plots between people in and outside the U.S., the EFF claims the NSA has violated the privacy rights of Americans.
If Apple decides to introduce the patented technology into products and the government uses it, then the EFF would consider litigation against the latter. "If the government were to use this, then it raises serious legal issues," Opsahl said.
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