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"Deliberately compromised digital security would undermine human rights around the globe. The record demonstrates that government access requests will not stop with this single device."
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The government now claims it can conscript Apple to create software Apple does not want to create and then force Apple to assist the government in using that software. In fact, Apple specifically chose not to create it in the course of its business. "The Department of Justice and the FBI demand that Apple dedicate its employees and hundreds of hours of employee time to develop software that provides a way to break into iPhones.
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A full list of supporters that sent in amicus briefs is available here. The court can decide whether or not to allow that information to be used in hearings, which are scheduled to begin March 22.Įxcerpts from the documents and letters follow below. The briefs allow Silicon Valley and privacy advocates to offer information pertinent to the the case and introduce concerns about the potentially broad legal effects of the court's decision. The All Writs Act allows federal judges to write court orders that compel people to perform legally permitted actions.Īpple filed a motion last week to dismiss that order on the grounds that the request was overly burdensome on the company and would irreparably harm the security of all of its customers. In that case, federal magistrate Judge James Orenstein in New York denied a US government request to access data from a locked iPhone captured in connection with a 2014 drug case.Īs part of its court challenge in the San Bernardino case, Apple sent a notice to the California court Wednesday about Judge Orenstein's decision that the 1789 All Writs Act statute is not sufficiently expansive to extract iPhone data.
Tech companies began announcing earlier this week they would file amicus briefs, following Apple's victory in a similar legal case Monday.
Police shot and killed the couple after the attacks.įBI chief says government lacks ability to crack iPhone Farook, along with his wife Tashfeen Malik, carried out the December terrorist attack in California that left 14 people dead.
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What's more, Salihin Kondoker, a San Bernardino resident whose wife was injured in the shooting, and David Kaye, the free speech rapporteur for the United Nations, sent letters urging Judge Pym not to force Apple to create software that would help the FBI access data on Syed Rizwan Farook's iPhone.
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Others argued that a US government victory in the case could impact human rights, free speech, and the public's willingness to download software updates.
Many of the briefs say that a ruling against Apple could set a precedent that would open the door to the FBI asking for technical assistance to unlock more iPhones seized in criminal cases. Twitter and 16 other tech companies, including Reddit, AirBnB, and eBay filed a joint brief Thursday to Sheri Pym, the federal magistrate judge in California overseeing the case. Google, Facebook, Microsoft, Yahoo, Amazon and 10 other companies also filed a brief. The American Civil Liberties Union and digital rights groups such as the Electronic Frontier Foundation, Access Now, and the Wickr Foundation also filed documents supporting Apple's position. Apple is getting a little help from its friends in Silicon Valley and the privacy community to make its case against the FBI.ĭozens of supporters, including tech companies and privacy advocates, have filed amicus briefings in a US district court supporting the company's decision to resist a court order to help unlock an iPhone belonging to one of the San Bernardino, Calif., shooters.
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