The filing represents Apple’s first official response since the judge’s order last week and builds upon arguments voiced by the company’s chief executive and supporters.
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Apple strongly supports the efforts of law enforcement, but the government’s request is unsupported by the law and would “violate the Constitution”, the company said.
The FBI says that they’re only concerned with this one phone, but Apple say that, once the “backdoor” to their software is created, it could be used on any iPhone anywhere.
The FBI says the request is linked to one IPhone in particular.
Apple pointedly noted the U.S. government itself fell victim to hackers, when thieves stole the personal information of tens of millions of current and former federal workers and their family members from the U.S. Office of Personnel Management.
The first step is a court hearing set for March 22 in Riverside, where the magistrate who issued the order will consider Apple’s objections.
“I love privacy and, when I hear corporations saying “We are going to take you to a world where no one can look at your stuff”, part of me thinks, that’s great, I do not want anyone looking at my stuff, ” said FBI Director, James Comey.
Comey said the FBI would continue to need the ability, through a warrant and court order, to intercept encrypted communications in criminal and terrorism investigations.
Alphabet Inc’s Google, Facebook Inc, Microsoft Corp and Twitter Inc will all file or sign on to amicus briefs in support of Apple Inc’s fight against a magistrate’s order, which requires it to help the US Federal Bureau of Investigation break into a San Bernardino shooter’s iPhone.
Apple argues this effectively violates its free speech rights, as software is classified under USA law as a form of protected speech.
In a motion to vacate filed Thursday, Feb. 25, Apple said in a 35-page document that the government had far overreached its Constitutional limits in making the the order earlier this month, and had abused the intent of the 1789 All Writs Act under which it obtained the order.
“Under the same legal theories advocated by the government here, the government could argue that it should be permitted to force citizens to do all manner of things “necessary” to assist it in enforcing the laws”, Apple said.
“The government says: “Just this once” and “Just this phone”, said Apple”. The government has ordered Apple to develop a special tool which will help it in breaking into the shooter’s iPhone.
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In a statement responding to Apple’s filing, the Justice Department said its approach to prosecuting crimes has not changed.
