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Bruce Sewell responds to ‘cheap shot’ FBI filing, says it was meant to ‘smear’ and ‘vilify’ Apple

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Earlier today, the Department of Justice filed its latest response to Apple regarding the encryption case centered around the San Bernardino iPhone. In the filing, the FBI said that its request “invade no one’s privacy” and accused Apple of being “corrosive and false” in its rhetoric. Now, Apple general counsel Bruce Sewell has replied to the filing with some choice words…

Apple this evening held a call with a handful of reporters to address the latest filling from the FBI and details are pouring in as to what the company had to say about it.

Noted by Business Insider, Sewell remarked that the FBI’s latest filing is a “cheap shot” and notes that the tone of it “reads like an indictment.” Sewell went on to add that the FBI is “so desperate at this point that it has thrown all decorum to the wind.” Furthermore, the Apple executive said that the brief was meant on the FBI’s part to “vilify” Apple.

For the first time we see an allegation that Apple has deliberately made changes to block law enforcement requests for access. This should be deeply offensive to everyone that reads it. An unsupported, unsubstantiated effort to vilify Apple rather than confront the issues in the case.

We add security features to protect our customers from hackers and criminals. And the FBI should be supporting us in this because it keeps everyone safe. To suggest otherwise is demeaning. It cheapens the debate and it tries to mask the real and serious issues. I can only conclude that the DoJ is so desperate at this point that it has thrown all decorum to the winds….

Sewell explained that the filling shocked him, as Apple has worked with and continues to “shoulder to shoulder with good people” at the Department of Justice. The “cheap shot brief” came out of nowhere, in Sewell’s mind.

Sewell likend the latest FBI response to Apple going into court and arguing that the FBI couldn’t be trusted because of the conspiracy theories surrounding the assassination of John F. Kennedy:

“We would never respond in kind, but imagine Apple asking a court whether the FBI could be trusted because “there is a real question about whether J Edgar Hoover ordered the assignation of Kennedy” see conspiracytheory.com as our evidence.

The Apple executive also noted that the FBI’s brief was indented to “smear” Apple and is the worst one he’s seen in his 30 years of practice. Sewell noted that the filing is full of false accusations and innuendo:

In 30 years of practice I don’t think I’ve seen a legal brief that was more intended to smear the other side with false accusations and innuendo, and less intended to focus on the real merits of the case.

Apple is expected to formally reply to the Department of Justice by March 15th and both sides will appear in federal court on March 22nd.

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Comments

  1. Rich Davis (@RichDavis9) - 8 years ago

    One thing about LE, they try to make everyone the villain if they want information from ANYONE regarding a case. It seems like the FBI is trying to treat Apple like they had a hand in the criminal activity, when all they did was design and sell a smartphone. The thing that I find REALLY interesting, but seems to get down played in the media is this. The shooter in the San Bernardino case is now being labeled as a Terrorist. Hmmmmm. He was a County Government employee. The bigger question is, why is a US Government agency hiring a “TERRORIST” in the first place and what are they doing to not hire more?

    The Anti-Apple crowd also just wants to grab any straw they can get to vilify Apple, even though they act differently if the company was Google or Microsoft instead of Apple. The fact is that Security has been an ongoing issue with all computer devices, whether it’s a server, desktop, smartphone etc.

    Any time there is a security hole found, they make a big stink about it in the media and they pressure the OS developer to “fix” the security holes. Some of these people almost want to launch a lawsuit if they don’t fix it within a 3 month period, which can’t always be done. They seem to drag Apple through the Media any time it happens with Apple, yet the media is more lax when it’s Google or Microsoft. I personally think Google should have their asses sued because they KNEW they had Security holes in their OS for many years, yet did nothing about it. Why isn’t Google dragged through the court system for KNOWINGLY not doing anything about their security holes? it just seems like the Anti-Apple people in the media are just a bunch of hypocrites.

    What happens if a backdoor is exposed and the public at large finds out about the backdoor and then there is a bunch of hacks from criminals causing all sorts of crimes involving data theft, bank fraud, etc.? If Apple is forced to do this, then I wondering if some attorneys would want to launch lawsuits against the Government for forcing companies to have a backdoor, which leads to this criminal activity. I would think that the Government had a bigger hand in the crimes because they are FORCING companies to have these backdoors which allows criminal activity than Apple does in not being able to crack a password.

    • pdixon1986 - 8 years ago

      Oh wow… this is so laughable…

      Granted you can’t control the means in which people use your products, but you have to be somewhat responsible, even if it’s a little, if your product can be and is used for ill intent… With your logic it would be like saying they should remove any and all restriction on porn and saying “if the kids watch then it is of no fault of the creators, the internet, the parents etc etc”… it’s why in most countries, if you sell a gun to an underage person or someone without a licence – you are responsible… In japan, if a bar sells you alcohol and then you drive home from that bar – the bar owner is partly responsible.
      It’s the same with a phone – you have to be aware that some people may use it for illegal intent, and if you make it so that even the FBI can’t view the content, then you are creating a very secure device that can be very dangerous in the wrong hands … (it is why a lot of big time criminals will invest in high end security, safes, weapons — and yes, if they become a high suspect warrants are given to use whatever force is needed, including taking that person down.)

      As for employing a terrorist – no… he was a man who later became a terrorist…you are not born a terrorist!!!

      A lot of other tech companies either dont have high encryption, or they have back doors, or they give access freely — how do you think you gain access to your email or even bank account if you forget the password etc — even some companies will sell your information…even if your telephone number is “private” people can still gain access to your number and it still gets sold on to companies…
      Also… this isnt the first time the FBI have accessed phones… they and the police do it a lot — but it’s just Apple have made it very difficult (im sure it’s not impossible for the FBI, they probably just want a faster way – they probably also want apple to work with them… after all “youre either with us or against us” as the famous saying goes”.

      As for security holes hitting the media — lets look at google… it is google who have a team that explores the weaknesses of others… they notify them and then give the companies a certain amount of time to fix the issue — if the companies don’t, then google release that information to the media.

      You are also mixing security with privacy — the FBI want access based on security reasons… they are not going to be posting your videos and pics on social media — they view it, then move on or flag it… they probably dont care if you are having an affair with the girl next door…they are more bothered about if you are buying a crap load of weapons, or spouting hate crime that could lead to you taking aggressive action, or if you are sending messages to group a young kid into becoming a terrorist.
      Agencies across the world that are lower down the security list than the FBI have used cell phone messages, contact information, etc to stop drugs entering the country, to prevent illegal weapons reaching the wrong person, to stop illegal workers, to find locations of missing people (through pictures and videos stored on phones taken moments before the kidnapping)… the smallest of detail can be a clue to saving someone’s life or avoid death — but the majority of people are not aware of how valuable the smallest amount of evidence can be.

      Worse is that people are like “but i store my bank details on my phone” – really?… i access my bank through a secure app that happens to be on my phone… but i dont store anything on the phone about my bank… most people access emails via the iphone BUT their email is often with hotmail or google…
      Mostly, the information that people will get are whats in your messages, your photos, your videos, and your contact list — everything else they can get by other means…
      If people are so worried about privacy then they should upload anything to the internet, they shouldnt use a laptop, and they should all move over to just using an iphone — if people are using an iphone but also windows and still jumping on the band wagon then they can go away — windows is the worst for privacy and security…lol

      The whole thing about “a back door would mean my phone would be hacked”… really? really now? — it’s not gonna be something simple — it wont be like walking to a door thats unlocked and opening it…so many companies already use back doors and other ways to access it…
      Again, i go back to the banks… you call someone to gain access to your account – you go into a bank to gain access to your bank — the banks have all that information that one of the workers who has access to a computer in the bank who can access all your personal information… why do you think there is so much fraud that takes place with identity and banks…lol…
      A person at microsoft has access to all your information in hotmail – google do for gmail…aghh… most companies that you sign up to have a bunch of people who have access to your information and account details…

      plus – fraudsters can just call you up, pretending to be someone, and still get the information and money they want (this happens a lot more than people think or would like to admit)… are back door on an iphone will not be this huge deal people are making it out to be.

      • cousman95 - 8 years ago

        Oh wow… this is so laughable…
        With your logic we should hold Ford/Chevy/etc. responsible for fatal accidents. Car manufacturers should be aware drivers may crash and kill other people. Kitchen Aid should be held responsible for stabbing incidents, because they should be aware some people may decide to try to stab and kill others. I may be wrong, but I don’t think this “logic” holds up very well here.

      • pdixon1986 - 8 years ago

        I see — I never said they have to be fully responsible.
        once upon a time cars didnt have seatbelts – the makers became responsible for making the cars safer — thus began adding safety features … note that no car has been made impossible to get into though!!!

        Have you have read the packaging — companies have to state suitable age groups and state the intended use…why? because otherwise they can be held responsible.

        Granted – apple could get around the issue by putting labels on saying “not for terrorist use”

        i see you didnt mention about people being born terrorists, or the fact a google team releases the security issues to the media, or the fact that the information most fraudsters want is not contained on your phone…
        OSX still has security gaps that havent been fixed, but apple are trying to be all hush hush…

        99% of people dont really have anything of worth — they just want privacy for the sake of privacy — those who are worried either have illegal content, or they have sexy posts, porn, or nude selfies — a back door access wouldnt give access to passwords – and apple could make it so its read only..

        We’ve heard lots of what can be prevented by looking at peoples messages, photos etc — but the only argument we hear from the other side is “but it’s my privacy…it’s mine mine mine”

        It becoming boring now.

  2. dcj001 - 8 years ago

    “see conspiracy theory.com as our evidence.”

    conspiracytheory.com , not conspiracy theory.com

  3. pdixon1986 - 8 years ago

    Apple did however state that in response to this case regarding security, they will do everything in their power to increase the security and encryption to protect people’s privacy… Apple have deliberately made changes (or at least intend to) to block law enforcement gaining access.

    I will admit, the FBI are scraping the bottom of the barrel now… Apple are standing their ground… it has become a power battle — i don’t think Apple care about our privacy as much as they make out, and the FBI don’t really care about our security either — it is the case of the FBI trying to have the power.

    It is becoming increasing boring to wake up and see a lot of post about this — it has now become a cat claw fight with a lot of hearsay and speculations, and in away, name calling.

    Tech companies are looking for the tech point of view, political sites from the security point of view, the media are creating a show… at the end of the day the FBI are responsible for national security, not Apple.

    Americans don’t trust their government, they don’t trust their police, they don’t trust their agencies that are their for national security — yet they are willing to trust a tech company. I’m sure the FBI know a hell of a lot more than any of us and even Apple and so are probably better informed to make a better decision (whether we agree with it or not) but yeah, we dont need police or the FBI – leave it all to apple and the iphone :-)

  4. lcfbill - 8 years ago

    You know, with all the lawsuits and now this FBI issue, I have real concerns that Apple has lost its focus on it products. I think the leadership needs to stop worrying about this stuff. Hire lawyers to take care of it. Get back to the kind of driving and relentless product improvement that marked Apple in the first decade of this century.

  5. tangiblevisions - 8 years ago

    Re “…the assignation of Kennedy”

    JFK had many assignations, ofter with several women in one day. I think he meant “assassination”, though.

  6. jnuneznj - 8 years ago

    One thing the media is not reporting is how different the statements that the FBI gives to the media and what they have told congress. The reason is always due to Bullshit. If they tell Congress what they have been saying to the media they end up in jail for lying. Remember how resetting the password was not a mistake as Apple claims it to be but a calculated move. But when asked by Congress it was a mistake.

  7. Well, this is why he gets paid the big bucks.

  8. John Smith - 8 years ago

    Here we see the risks of inflammatory language and claims ..

    Letting FBI into this one phone will inevitably result in all our phones being compromised, letting the FBI access data on one phone will allow them to turn on our cameras and microphones etc etc

    The software to access this one phone, which would never leave apple, would be like cancer (!).

    I’ll be plain – I don’t think Apple supports terrorists and child molesters. But they have taken a policy which encrypts data in order to put it beyond the reach of law enforcement, even when there is a court order, and that was done deliberately.

    Apple is obstructing law enforcement and that needs to be said – whether they like it or not.

  9. Moisés Pinto Muyal - 8 years ago

    Law, law is an argument, law is an instrument.
    Law has been used to condemn innocents and to free guilty.
    Then, what is law, and to whom does it serve.

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Chance is an editor for the entire 9to5 network and covers the latest Apple news for 9to5Mac.

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