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Over 40 companies to back Apple in court battle over iPhone encryption backdoors, rival Samsung remains undecided

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Apple and the FBI are set to start its court battle for the San Bernardino case in a couple of weeks, March 22nd. In support for Apple’s position, over 40 companies, organizations and individuals will file amicus briefs later today to rally against the government order for Apple to compromise its own iPhone security measures. Facebook, Google, Dropbox, Microsoft, Snapchat and more will sign on to briefs in the case, according to sources.

Via The New York Times, support was not immediate. Company execs were initially worried about the consequences on the industry if Apple lost out to the FBI. Bloomberg reports Samsung supports the idea of encryption but will not commit to file an amicus brief for its smartphone rival, the Samsung statement said it remains undecided on its court position …

Amicus briefs are a way for parties not directly involved in a court case to add additional weight, context and information to an argument. The New York Times says the breadth of support Apple has received is unusual for court action, a significant sign of a unified Silicon Valley position … which can ultimately sway the final decision in Apple’s favour.

A number of privacy groups have already filed amicus briefs for Apple’s case, including the American Civil Liberties Union, Access Now and a United Nations free speech committee.

Whilst Samsung is not prepared to file an official court opposition just yet, it says it does, in general, support Apple’s position of privacy. Samsung said that a backdoor would undermine consumer trust, which is a top priority to maintain. Although Apple and Samsung are intense rivals in the smartphone industry, it is clear they have a common goal when it comes to the legal right to privacy.

“Ensuring trust in our products and services is our top priority. Our phones are embedded with encryption that protects privacy and content, and they do not have backdoors. When required to do so, and within the law, we work with law enforcement agencies. However, any requirement to create a backdoor could undermine consumers’ trust.”

In general, the support for Apple from other tech companies has been tremendous. Bruce Sewell gave the following statement of thanks. Apple’s court battle starts on March 22nd, the day after it is expected to unveil its latest round of products at a media event: the new 4-inch iPhone SE, a 9.7inch iPad Pro and more.

Bruce Sewell, Apple’s general counsel, said in a statement, “We are humbled by the outpouring of support we’ve received from our customers, our colleagues in business, nonprofit organizations, the security community and many others.” He added, “The groups filing briefs with the court understand, as more and more people have come to realize, that this case is not about one phone — it is about the future and how we protect our safety and our privacy.”

Hear a summary of Apple’s arguments in this fifteen-minute interview with head lawyer Ted Olson. It presented these points at a congressional hearing earlier in the week and whilst Apple appeared to come out ahead, a victory over the FBI in the San Bernardino court case is by no means a certainty. Either way the judge eventually rules, the legal precedent created will have huge implications on the industry.

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Comments

  1. viciosodiego - 8 years ago

    I remember reading that both samsung and HTC had hardware back doors?

  2. 89p13 - 8 years ago

    “support Apple has received is unusual for court action, a significant sign of a unified Silicon Valley position … which can ultimately sway the final decision in Apple’s favour.”

    This should – hopefully – blunt the argument that Apple is just trying to protect its Market Share! It was a weak argument that should be buried now that all these companies are supporting Apple despite the fact that on some level, Apple may be a competitor.

    Great Job, Tim and Apple, Inc. I am proud to be a shareholder!

    • ninjadude99 - 8 years ago

      “This should – hopefully – blunt the argument that Apple is just trying to protect its Market Share!”

      As much as I agree with you fully, YOU KNOW (as well as I do) that’s not going to happen. The Apple-haters will sweep this under the rug and still say that Apple’s doing this as a marketing ploy. I’m pretty sure they’ll say something like, “Apple paid them to do this!”

      They don’t know when to give up and admit defeat. We should just ignore them.

      In any case, I’m glad that many of the largest companies (including rivals) are supporting Apple in this way.

      • pvblivs - 8 years ago

        Speaking as someone who wants Apple to go bankrupt, I still agree with their position in this court case. I will, of course, never buy an Apple product. But I want the precedent to be that the FBI can’t do this. You might want to consider the fact that some of the “Apple haters” are still privacy advocates and have higher priorities than wanting Apple out of business.

      • PhilBoogie - 8 years ago

        Why, exactly, would you wish for a company to go bankrupt? You do understand they employ over 110,000 people, right(?) Do you understand the ramifications of such a despicable wish?

      • pvblivs - 8 years ago

        PhilBoogie

        The ramifications of the company going bankrupt are no greater than the ramifications of the heavy use of automation to eliminate jobs or the ramifications of outsourcing to China to get rid of jobs here. Apple is no great benefactor.

      • PhilBoogie - 8 years ago

        That doesn’t explain your wish.

  3. iSRS - 8 years ago

    Samsung doesn’t want Trump to call for a boycott of their products. Since he admits to using a galaxy and an iPhone

  4. Lawrence Krupp - 8 years ago

    Samsung is a coward.

  5. Bobby Delaney - 8 years ago

    They want to back them just because of going against Apple but at the same time if they side with the FBI then people who love their phone’s privacy will not buy their products because they are afraid they will bend to any demand the FBI sends them. Catch 22. They need to side with Apple for the greater good.

  6. mytawalbeh - 8 years ago

    “Samsung statement said it remains undecided on its court position”
    WHO CARES ?!!

  7. James Katt - 8 years ago

    Samsung is a coward.

  8. PhilBoogie - 8 years ago

    “Samsung remains undecided”

    Huh? That’s got to be the first time they DIDN’T copy Apple.

  9. scumbolt2014 - 8 years ago

    Ridiculous that the discussion is all about breaking into someone’s work supplied iPhone. US government is too chicken shit to make respectable gun laws, makes tech companies patsies.

  10. paulywalnuts23 - 8 years ago

    Yet another reason why I will never own a Samsung phone or computer.

  11. KenC - 8 years ago

    Samsung is worried about losing Trump’s endorsement.

  12. Baztic (@baztic) - 8 years ago

    Samsung is a Korean company, why would they care about U.S. laws.

  13. Mikey Houlden - 8 years ago

    You know… I agree with Apple entirely.I May be a Linux Guru.However,Countries do not need to access any personal data from any device without due process.And for the FBI to ask this of Apple is totally wrong.This is another example of a government who’s Greed has taken a higher presidence over security.Governments want your information and at all costs….

  14. triankar - 8 years ago

    Samsung is probably waiting to cash in on a court decision against Apple et al and to appear as the first “willing” party to cooperate with the US govt

  15. Thomas Marble Peak - 8 years ago

    Encourage companies to increase security to protect us from hackers and governments. Sign petition at http://1.usa.gov/1R9A4cM

  16. admin - 8 years ago

    Samsung is not known to stand for anything. A matter is only a cause for concern if it directly affects their business. In addition to remaining indifferent about this encryption situation, they choose to stay out of LGBT affairs as well http://www.koreaherald.com/view.php?ud=20140403001101 I do not expect Samsung to back any company unless it has a direct impact upon their business.

  17. UH (@Umairhanif511) - 8 years ago

    Why Samsung has been sued for $1 billion by Apple : website “TageHow com”

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Avatar for Benjamin Mayo Benjamin Mayo

Benjamin develops iOS apps professionally and covers Apple news and rumors for 9to5Mac. Listen to Benjamin, every week, on the Happy Hour podcast. Check out his personal blog. Message Benjamin over email or Twitter.