“At stake is the data security of hundreds of millions of law-abiding people, and setting a unsafe precedent that threatens everyone’s civil liberties”, CEO Tim Cook wrote in an internal memo to Apple employees.
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The court battle over Farook’s phone highlights a long-held divide between Silicon Valley and the law enforcement community. AT&T and Intel also submitted independent briefs backing Apple.
Many, but not all, of the filings rehash arguments made by Apple itself in a court filing last week, saying the judge’s order is unprecedented and over-reaches current law.
If the US federal government is allowed access to private data, he says, it could open “Pandora’s Box” by giving other governments the green-light to seek out the vulnerabilities of citizens.
The coalition said it appreciates the government’s law enforcement and national security concerns, but argues “The government’s demand here, at its core, is unbound by any legal limits”.
Apple, and some of the other briefs, did not go quite that far, but also asserted that Congress, not the courts, needed to address the issue.
“This case is not about a single phone – it’s about the government’s authority to turn the tech companies against their users”, Alex Abdo, a staff attorney with the ACLU Speech, Privacy, and Technology Project, said in a statement.
Among the groups filing briefs in support of the FBI were the Federal Law Enforcement Officers Association (FLEOA), the Association of Prosecuting Attorneys (APA), the National Sheriffs’ Association, the California State Sheriffs’ Association, the California Police Chiefs’ Association, and the California Peace Officers’ Association.
The group though expressed their solidarity for the act of terrorism showing support for the ongoing investigation, they also remained united against the government’s order to Apple for unlocking the iPhone.
Briefs are also expected in support of the government.
The Stanford Law School for Internet and Society filed a separate brief yesterday morning on behalf of a group of well-known experts on iPhone security and encryption, including Charlie Miller, Dino Dai Zovi, Bruce Schneier and Jonathan Zdziarski.
They’ll ask a federal judge to back Apple in its effort to have a court order that would compel it to help the FBI unlock an iPhone by building a special software thrown out, sources familiar with the plans said.
“I believe privacy is important and Apple should stay firm in their decision”, the letter said.
The San Bernardino shootings were carried out by Syed Rizwan Farook and his wife, Tashfeen Malik, who were inspired by Islamist militants.
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The relatives “want and need to know if [the victims] were personally targeted, if others in the community aided and abetted the crime, and if additional attacks targeting them or their loved ones are forthcoming”.
