Secrecy over technology is unacceptable when the prosecutors need evidence, government lawyers argued in the Apple cellphone situation a few months ago. A court showdown was prevented when experts cracked Apple’s encryption.

But when the government wants to protect its software secrets, that’s different. The government is refusing to divulge how it hacked into computers in a criminal case in Washington state. There, a federal judge has ruled that unless a defendant’s attorneys learn how the Justice Department hacked into computers, an effective defense cannot be mounted.

Justice Department attorneys continue to resist divulging the information. But our system of justice relies on people being able to defend themselves, so the judge makes a good point. The government is arguing its privacy is more important than that of cellphone users – and that stance simply is unacceptable.