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DOJ pushes for March 22nd ‘evidentiary’ hearing in San Bernardino FBI case against Apple

The Department of Justice surprised Apple attorneys this week by reportedly placing a last-minute request to make the March 22nd hearing on the San Bernardino case an evidentiary hearing. The hearing change will allow for witness cross-examination based on previous court declarations, and each side will be allowed to question their own witnesses.

Changing the hearing type so quickly may seem like a questionable tactic against Apple considering their big March event is scheduled for just the day prior. Apple is expected to bring Erik Neuenschwander and Lisa Ollie up for questioning. Neuenschwander is Apple’s cryptography expert and product security and privacy manager. Ollie is Apple’s manager of global privacy and law enforcement compliance team.

Apple’s attorney reportedly speculated that the Department of Justice made the sudden request because they potentially weren’t comfortable “relying only on its legal arguments in the case.” Moving to an evidentiary hearing gives the FBI a platform to better showcase their arguments by having witnesses of their own on the stand for questioning. While the court will restrict use of electronic devices during the hearing, reporters will be present so expect a rundown of the arguments being made shortly after it wraps up.

Via Engadget 

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Comments

  1. r00fus1 - 8 years ago

    It seems everything the Goovernment does these days is to further their own interest (and those of the corporations that really fund campaigns and write the bills).

  2. iSRS - 8 years ago

    So on the Friday before the hearing, knowing that Apple will be largely preoccupied this weekend, and Monday, they now push for this? Judge should say no.

    • focher - 8 years ago

      Apple immediately agreed to it, and strategically this makes sense. As the government has absolutely no cryptographers or technology expertise in support of their position, Apple will be able to crush any argument that bypassing security can be limited to a single phone. The government had no choice, because their legal argument has collapsed too. I wouldn’t be surprised if the government witnesses are family members of the shooting victims. The emotional appeal is really the heart of the government’s argument anyway.

  3. crutchcameslinking - 8 years ago

    I’m sorry it’s not going to be streamed like the hearing.
    This will be 1,000 times more interesting than network bs crime time victim shows. This actually important.

  4. kevinhancox - 8 years ago

    Its a non starter anyway, Section 1002 of that act, the Feds gave up authority to “require any specific design of equipment, facilities, services, features or system configurations” from any phone manufacturer.

    Says it all really, a LAW stops them from asking, yet they go to court to ask for an order that can’t be given anyway…!!!

    https://www.fcc.gov/public-safety-and-homeland-security/policy-and-licensing-division/general/communications-assistance#block-menu-block-4