The committee's complaints about the Apple kill switch are not that it won't be effective, but that:
1) the user must have an iCloud account
2) the user must install the "Find my iPhone" app
I think that's a bit pedantic. On the first point, all iOS users have iCloud accounts; the phone won't do much without it (even installing free apps from the app store requires it), so I really don't think that one is valid. The second point is really a complaint of "kill switch activated by default" versus "kill switch activated by user".
I don't think that it's a problem if the user has to activate the kill switch themselves by installing the app. If a user wants to have this protection, they can use it. If they don't want the protection, they don't have to use it...
Of all of the things to accuse Apple of doing, giving users too MUCH choice is rarely one of them...--
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