Apple calls court order ‘unconstitutional,’ asks judge to toss — Apple vs Federal Bureau of Investigation
Tech companies like Google and WhatsApp have backed Apple, and so have human rights groups like Amnesty International. In this case it ordered Apple to co-operate with the Federal Bureau of Investigation to hack into Farook’s iPhone. “It’s a case of domestic terrorism with a clear cut bad guy and a warrant that no one could object to, and Apple is capable of fulfilling the request”. The shooting wounded 22 people and killed 14 and the FBI is investigating the case.
A declaration also outlined how the shooter’s iPhone 5c could have been cracked had San Bernardino County used Mobile Device Management software. But the FBI’s demands, and a federal judge’s associated request for the company to assist the investigation, is about much more than a single phone, according to Cook. Existing iCloud backups pulled from the phone in the months before the attack have already been obtained, and no evidence has been made public linking the phone to any larger network of suspects. “In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks – from restaurants and banks to stores and homes”. True, especially in China, where, coincidentally, Apple sells more iPhones than it does in the US. “I do think, whatever the judge’s decision in California … will be instructive for other courts”, he said.
“The leading computing device of that era is right here in front of me”.
The FBI and White House contend that it only asking for Apple’s help in this particular case, but Apple maintains the request to create a new iOS for the terrorist’s iPhone would allow the USA government to access any iPhone it wants to in future. Microsoft has thrown its corporate weight behind its rival, and is supporting Apple in its legal battle.
The first step is a court hearing set for March 22 in Riverside, where the magistrate who issued the order will consider Apple’s objections. So it appears that numerous tech companies will file one amicus brief together instead of numerous individual briefs. Prior court precedent has treated computer code as speech and Apple’s attorneys say that the government is forcing Apple to speak on its behalf through code, adopting a security and privacy viewpoint the company does not support.
Jan Koum, the founder and CEO of WhatsApp, has also confirmed his support for Apple.
Apple chief Tim Cook has called for the stand-off to be resolved by legislation in US Congress, not in the courts. “The San Bernardino litigation is not about us trying to send a message or establish some precedent”.
“The government says: “Just this once” and “Just this phone”, said Apple”.