According to a report from the Associated Press, Apple plans to file legal papers in which it will argue that its fight with the FBI of decrypting an iPhone used by one of the San Bernardino gunmen should be settled by Congress. This report follows Apple CEO Tim Cook’s letter to employees in which he stated that the government should withdraw its demands because they are invalid under the All Writs Act from 1789.
Theodore Boutrous Jr., a lead lawyer for Apple, reportedly previewed the company’s legal plan and arguments to the Associated Press, much of which Cook hinted at in his open-letter to customers and subsequent letter to employees. Apple will argue that the fight should be decided by Congress, where it spent $5 billion lobbying in 2015.
Boutrous echoed Tim Cook’s sentiments while speaking to the AP, explaining that the law does not give the government the authority to force companies to create a backdoor to their devices:
“The government is really seeking to push the courts to do what they haven’t been able to persuade Congress to do,” Boutrous said in an AP interview. “That’s to give it more broad, sweeping authority to help the Department of Justice hack into devices, to have a backdoor into devices, and the law simply does not provide that authority.”
Yesterday it was revealed that in addition to the San Bernardino case, the government is seeking data from at least 12 other iPhones involved in criminal activities. Apple will argue against all of these cases with this battle, the report claims.
Apple’s battle with the FBI over national security versus user privacy began last week and has since become one of the biggest and most complex stories in tech and politics. You can view all of our extensive coverage at the links below:
- U.S. judge orders Apple to help FBI access data on San Bernardino gunman’s iPhone 5c
- Apple publishes letter responding to FBI iPhone unlock demand: ‘an unprecedented step which threatens the security of our customers’
- Google CEO Pichai appears to side with Apple in series of vague tweets on FBI encryption battle
- Security firm shows how Apple could bypass iPhone security to comply with FBI request
- Opinion: How likely is Apple to succeed in resisting the FBI court order?
- Should Apple comply with FBI request to bypass San Bernardino gunman’s iPhone? [Poll]
- Civil rights groups and tech companies express support for Apple’s stand against the FBI
- Opinion: Why an iPhone master key is better than a backdoor, but still too dangerous
- Petition urges White House to support Apple in blocking government access to locked iPhones
- Senate Intelligence Committee considering bill to penalize companies refusing to decrypt user device
- Report: Apple to get more time to formally respond to government’s request for access to locked iPhone
- Apple/FBI fight looks destined to go all the way to the Supreme Court as more background is revealed
- Department of Justice files motion to force Apple to comply with FBI iPhone backdoor request
- Apple implies FBI screwup: iPhone Apple ID password changed in govt possession, backdoor unnecessary
- FBI explains why it changed Apple ID password in iPhone unlock case, retrieved iCloud backups up to October 19 but wants more
- San Bernardino victims divided on iPhone issue as FBI claims not trying to set a precedent
- Apple/FBI: Tim Cook sends memo to employees, wants government to drop All Writs Act demands, posts customer FAQ
- Mark Zuckerberg sides w/ Apple in encryption battle as poll suggests public supports FBI
- Report says DOJ seeking data from ‘about’ 12 other iPhones as Bill Gates sides with FBI