Skip to main content

Tim Cook could be jailed over refusal to cooperate with FBI (but almost certainly won’t be)

tim-cook-fbi

In an interesting summary of the possible outcomes of the Apple vs FBI standoff, Quartz notes that some experts believe that CEO Tim Cook could be held personally liable for defying a court order and face jail time.

Attorney Peter Fu told Fast Company that the scenario would arise only if the case went all the way to the Supreme Court and Apple lost but continued to refuse to cooperate.

Under these circumstances, there is a universe of possibilities where Tim Cook could actually go to jail for refusing to comply with a lawful order of the court. This is because Apple has already publicly declared that it will not comply with a court order to unlock the iPhone and as such, necessarily forces the courts to favor punishment over coercion … 

Stephen Vladeck, an expert on national security law at American University, disagrees.

It’s Apple as a corporation, and not Cook himself, that is potentially liable to a contempt charge.

Everyone seems to agree on two things, however. First, that Apple is safe for as long as it is contesting the case. It’s considered extremely unlikely that the company would face any repercussions while the case is still working its way through the appeals process. Second, that if Apple was willing to defy an eventual Supreme Court ruling, it would face substantial fines.

Yahoo, for example, was threatened with fines of $250k for every day it defied the government. That daily fine was then set to double for every week the company continued to refuse to cooperate.

Apple is a law-abiding company, and it seems unlikely that it would continue to hold out if it lost the case in the Supreme Court. The most likely outcome is that it would do as instructed and then work to make it impossible for it do the same for future devices. The Economist, however, suggested it would be a rather dramatic PR win were Cook to spend at least a few days behind bars.

9to5Mac readers strongly back Apple’s stand – but what should the company do if it loses in the Supreme Court. Does it at that point have to reluctantly comply, as a law-abiding company? Or should it hold out even beyond this point? Take our poll and share your thoughts in the comments to let us know.

Catch up with all our earlier coverage below.

Photo: ABC News

FTC: We use income earning auto affiliate links. More.

You’re reading 9to5Mac — experts who break news about Apple and its surrounding ecosystem, day after day. Be sure to check out our homepage for all the latest news, and follow 9to5Mac on Twitter, Facebook, and LinkedIn to stay in the loop. Don’t know where to start? Check out our exclusive stories, reviews, how-tos, and subscribe to our YouTube channel

Comments

  1. shareef777 - 8 years ago

    It’d never come to that. If it went to the supreme court and they upheld this ridiculous request, Apple would simply comply and create the OS. Now the repercussions of that OS getting out into the wild is terrifying to consider, but when does our government ever look two steps ahead? Every war we’ve gotten into in the past few decades is a testament to that FACT!

  2. peterlobl - 8 years ago

    easy to cheer on apple and cook’s going to jail — sounds great, from my comfy place in the shade

  3. applegetridofsimandjack - 8 years ago

    If I were Apple CEO, regardless of the amount of success Apple has had, I would keep resisting, rejecting the FBI’s request to allow them to enter the phone. Even if it costs me my freedom or and the company.

    As Tim said, allowing them to enter the phone would set a precedent. There is no such thing as ‘oh come on, just this once, please?’

  4. William - 8 years ago

    It wouldnt be up to Tim Cook anyway. You can sure the Board would be involved. If he was so against it he would have to resign.

    • just-a-random-dude - 8 years ago

      This is too public and has a lot of employees behind Cook (not to mention other tech giants), the board woudn’t risk it. If they got to Cook before this happened yes but do not expect this to happen at all. Many have regretted the decision with getting rid of Jobs before and they’re not going to replicate it with Cook.

      The board risks a lot of valuable people leaving as well, many can afford to quit now and with Tesla and tech giants hiring all sorts of folks, it’s even a better time now.

      The board would risk devaluing their stock options by a huge factor.

  5. Joe Mizereck - 8 years ago

    Good, he should go to jail. Make no mistake about this, Tim Cook, the same Tim Cook who designed and implemented the Apply supply chain that sent thousands of jobs to China because he could produce all those those cool products by paying Chinese labor pennies and hour, could care less about our right to privacy and far more about keeping his shareholders happy. His behavior, Apple’s behavior is absolutely shameful. We live in a world that requires sacrifice and compromise. When Tim Cook and Apple are called upon to do something in the best interest of America, they do what business tends to too often do…resort to pandering and for this I say, jail Tim Cook.

    http://www.Boycott-Apple.com

    • hodar0 - 8 years ago

      I see you haven’t bothered to check out any facts – just a nice wild rant. Emotions are so much fun.

      Let’s look at some facts, shall we. They aren’t nearly as fun as emotions, and actually require some critical thinking. Booo – critical thinking.
      1) Gov’t employee is on the terror watch list – and is issued a Gov’t phone – but isn’t monitored.
      2) Gov’t pays for Mobile Device Management, so phone COULD be managed, but doesn’t bother to install it, or even use it.
      3) Gov’t employee (on Terrorist Watch List) travels to country on Terrorism Sponsorship List – yet no flags are noticed
      4) Gov’t employee marries another person on Terrorism Watch List, flies home on Commercial Airlines and sails through Customs
      5) Where is the NSA? Where is the CIA? What does one have to do in order to get some attention?
      6) They do what they have to do to get attention.
      7) Apple complies with Court orders and provides iCloud backups (up until the suspects turned them off)
      8) If Gov’t was 1% competent, the suspects wouldn’t have been able to turn off the iCloud backups
      9) The Gov’t reset the passcode to the iPhone, and then forgot the code
      10) Blame Apple … why it’s all Apple’s fault …
      11) Because the Gov’t can not find their butt with both hands, a map and a flashlight – we must all sacrifice our privacy to anyone who wants to look at our medical records, financial records, location, photos, contacts, text messages, and be spied on with cameras, microphones and GPS locations without reason, suspicion or Court Order. This has already been documented by the Snowden files – and you have learned nothing.

      Please wake up and pay attention.

    • iphonenick (@iphonenick) - 8 years ago

      Please name an Apple product made in the USA that Tim Cook transferred its production to China.

    • 89p13 - 8 years ago

      And what about all the OTHER companies that outsource jobs to countries that have less expensive work forces.

      Maytag / Whirlpool just announced they are moving their production to China!

      What car is 100% made in America anymore?

      You really should wake up and pull your head out of your other end – It’s a World Economy!

      Perhaps you should form “Society of Morons” with John Smith (poster below)

      Meanwhile – Perhaps you should go read and try to digest this article and the points being made:
      https://daringfireball.net/2016/01/why_apple_assembles_in_china

    • Jake Becker - 8 years ago

      *cries in American*

  6. cheese7007 (@cheese7007) - 8 years ago

    Since Tim Cook is not the person that would be writing the code and there are probably a limited number of people with the skills to reliably write the code, what if they refuse? These are probably people pretty dedicated to privacy. If ordered by Cook to write the code, might they resign from Apple? They are probably pretty well paid and also likely to be able to get jobs elsewhere. Does the government then go against them as individuals? Seems like involuntary servitude. If you get down into the second tier of poeple who might be able to try to write the code you could also run the risk of bricking the phone.

  7. John Smith - 8 years ago

    Correctly stated that jail would only occur in the unlikely event the case was lost and he personally continued to instruct his employees to continue with the obstruction of the FBI – pretty unlikely.

    On the other hand they already appear to have a senior Apple official saying they might encrypt iCloud backups specifically to obstruct the FBI in future. With them having made that statement in public, should they actually do it then I would like to see that investigated as a crime.

    Previously they did things for security: it kept out criminals and it also kept out the FBI. If they do something solely to obstruct law enforcement then that is a whole different deal.

    Apple are now part of the problem not part of the solution – I say no more cosy chats with presidents and friendly deals on what what laws they are willing to obey – Apple should no longer be above the law.

    • just-a-random-dude - 8 years ago

      Source of that statement? There is nothing wrong with Apple saying they’re going to encrypt the backups to close the loopholes, it is not illegal to do so. They never said they were going to do this just to “obstruct” the FBI, that’d be silly to day and that official will be fired for saying so.

      Apple has stated several times that they are going to keep encrypting more and more of their data and close all potential entries into their platform, this is not new.

    • Encryption isn’t illegal and you can’t go back to prosecute something as a crime if a law is created in the future. I personally would like to see you choke on your own fist and die. But that’s not likely to happen either.

      Twit.

      • 89p13 - 8 years ago

        Well Said – Choke a Troll!

      • Jake Becker - 8 years ago

        I like you.

    • Robert - 8 years ago

      The law is on Apple’s side. They are defending the law.

      The government is making a new, unprecedented application of a law passed in the 18th century, Apple has the support of a modern law that applies directly and basic principles of the Constitution.

    • Find a law that states encryption is illegal…

  8. just-a-random-dude - 8 years ago

    Most likely there will be a compromise made that let both FBI and Apple get what they want and walk away cleanly. This won’t go to the SCOTUS, FBI won’t risk it without knowing who the next justice is going to be, it could in fact turn into a massive failure for them because they could lose the ability to abuse the All Writs law without further restrictions.

    • Apple won’t settle. As a shareholder (and I hope every other one joins me), I will make it clear to Apple that I don’t want them to settle. Ever.

      • just-a-random-dude - 8 years ago

        That is a silly thing to say, you don’t even know what is going to happen.

  9. Robert - 8 years ago

    Apple’s lawyer already said in an interview over the weekend that they would yield to a Supreme Court decision.

  10. Throughout history, governments have make mistakes, and he people have learned to live with them; but this one in particular would be a huge mistake that could cause nearly irreparable damaged to all.

  11. Matt (@apple4ever) - 8 years ago

    What if the employees themselves refuse? What if everybody refuses? They are going to jail the entire company?

    • Robert - 8 years ago

      What if the only Apple employees with the technical ability to do this worked at an Apple facility in another country, we’re not employed by the US corporation and were not US citizens?

    • Bob Dylan - 8 years ago

      what if bank of america did this?

  12. The Gov’t wouldn’t put Cook in jail, it rather just fine them so they can get some of the Apple money and make an example of them.

  13. Bob Dylan - 8 years ago

    steve jobs would never let it comes to this. I don’t care if steve jobs is dead and he said not to ask what he would do I read his autobiography. But Apple is steve jobs company and he would never let his brand image look like this. all i can say is this looks disgraceful tim cook.

    • jacosta45 - 8 years ago

      Look like what? Apparently Apple is the only technology company in the US to stand up to the FBI and they have support from other major companies like Google and Facebook, so clearly their brand is not tarnished. It is not disgraceful that Apple does not want to create GovtOS so it can be exploited on many other Apple products. Please tell us how it is disgraceful?

    • r00fus1 - 8 years ago

      Wow, the government/security state trolls are rampant today.
      I couldn’t be more proud of Tim Cook and the leadership at Apple for standing up for my privacy and liberty!

  14. charismatron - 8 years ago

    Post-9/11 uber-violent security forces, the meteoric rise of a hate-mongering presidential candidate, and a single company remains to defend the last line of personal privacy. This massive, historic culture shift happening in America is almost beyond the scope of words.

  15. Doug Aalseth - 8 years ago

    This is a wild hypothetical that will never come to pass.

  16. alexandereiden - 8 years ago

    Imagine if this were Steve Jobs. I’d love to hear the court case then.

    • cjt3007 - 8 years ago

      I don’t think they would’ve even tried to ask Steve… He’d wipe the floor with the FBI.

  17. rettun1 - 8 years ago

    LOL makes sense that the government would be jailing executives, since that was the course of action that they took after the housing crisis and illegal Wall Street activity…. right?

  18. pdixon1986 - 8 years ago

    I find it extremely amusing that this article says Tim ‘could’ be jailed…

    I said this on an earlier post and was more or less told that he is breaking no laws, could not be arrested, blah blah blah.

    Hats off to Tim.

    But personally I wouldnt put my neck on the line… if everyone was a law abiding person, then i’d stand for them… sure many of us probably break the law unknowingly or questionably, but there are people hiding behind the screen committing fraud, breaking the law etc and have a certain amount of protection due to privacy and encryption…
    Many scream — innocent until proven guilty — but how can you prove someone’s guilt if you are not allowed full access to the evidence.

    Everyone is so caught up in protecting their own bacon “oh…what if the government look into my life and find criminal acts” — well, for one that’s not what this is about, and two if you are committing enough crimes for the government to want to search through your phone, then they are doing their job and are probably a criminal…

    Other governments have been able to act quickly on possible terrorist attacks because they had access to the data… phones have been very useful for piecing together evidence to find lost and kidnapped people…

    What will americans do when they visit other countries that have law that state you have to give access to your phone and laptop – such as canada??
    How will they feel if they are called over and have their bags checked?

    I think the safest and best way for everyone — if you really want 90-100% privacy… don’t use electronic devices!!! Don’t connect to the internet!!! Don’t go on social sites (including comment sections), go off grid essential… destroy everything you write and wipe everything you touch.

    I would say for most of the people who comment on this site about privacy, it wouldnt be too difficult to find out a bit of personal information about them by just using their username….hence why the whole thing is laughable.

    • Joe Mizereck - 8 years ago

      Tim Cook is a traitor to this nation…he exemplifies why most American’s distrust business and business leaders. He could care less about what is good for America. Tim Cook is just doing his job and doing what’s in the best interest of Apple. But, he is dead wrong and he absolutely should go to jail if he does not cooperate. Who the hell does he think he is? I say crush Apple…gotten too big for its britches. Do what is in the best interest of America…for once?

      • Doug Aalseth - 8 years ago

        Could not disagree more. But then I also think that Snowden should get the Congressional Medal of Honour.
        To each his own.

      • pdixon1986 - 8 years ago

        i wouldnt go that far… he is standing up for what he believes in… privacy is important BUT it’s never 100% secure and shouldn’t be…
        many argue that there will be nothing on the phone – but we will never know – technically there could be a small piece of evidence which will help a lot. (which is often the case).

        there are probably people who take nude pictures, send sexy messages, watch porn, gamble, etc etc — stuff they dont want other to know — these people are the ones who are very concerned about privacy… Any one who cant even show their partner their phone either has trust issues or is hiding something that they know is wrong…
        Basically – feeling like 100% privacy is a must means you probably have something to hide.
        FBI etc are not gonna release number who who watched porn, or create a top 10 list of the sexiest pictures etc… they just want to keep the country secure and get ahead of the game with alerts to possible threats…

        Worse is the fact that if you are taking nude pics – what is to stop another person from taking nude pics of kids…

        This privacy issue would only work IF everyone was 100% a good person… reality is, no-one is 100% good and there are many who are well under 30% good… these people now have the means to carry illegal content, underage porn images, security codes, secret information used for blackmailing, and cyber bullies for kids are even more secure…
        awesome — lets protect all criminals so that we can be protected.

  19. srgmac - 8 years ago

    Eh..What? Apple is a corporation — the whole idea behind the creation of corporations is that the people who run them can get into some deep doo doo and NOT have to go to jail. Cook would never face jail.

  20. chopingman - 8 years ago

    And a gay man ain’t going to fare too well in prison either. But it absolutely begs the question: why aren’t they going after Hillary the same way?

  21. Jack Modelia - 8 years ago

    I believe Tim Cook has already said during ABC interview that the company will follow the law if they lose all the way.

  22. Jonathan Galt - 8 years ago

    Man has recorded ‘information’ on various materials throughout the centuries. Today, a phone-PC and its interrelated components is just another tool to do so. When a ‘crime’ has been committed, all possible evidence is gathered and analyzed. Unlock the phone, dump the information. Simple common sense. By the way, Apple is just another ‘big brother’ too !

Author

Avatar for Ben Lovejoy Ben Lovejoy

Ben Lovejoy is a British technology writer and EU Editor for 9to5Mac. He’s known for his op-eds and diary pieces, exploring his experience of Apple products over time, for a more rounded review. He also writes fiction, with two technothriller novels, a couple of SF shorts and a rom-com!


Ben Lovejoy's favorite gear