Apple Says Government Trying to 'Rewrite History' by Using All Writs Act as 'All-Powerful Magic Wand'

[MacRumors]

Following the U.S. government's filing last week once again urging the court to compel Apple to assist the FBI in unlocking the iPhone of San Bernardino shooter Syed Farook, a document Apple general counsel Bruce Sewell called a "cheap shot," Apple today filed its response arguing that the government's reliance on the All Writs Act dating back to 1789 as justification for the request is an attempt to "rewrite history by portraying the Act as an all-powerful magic wand rather than the limited procedural tool it is."

Today's filing, shared by Business Insider, outlines Apple's arguments as to why the All Writs Act should not apply in this situation and reiterates a number of positions the company has previously described, including belief that this issue needs to be settled legislatively and that the imposition of the order would cause "unprecedented and offensive burdens" and violate both Apple's First Amendment rights and the Due Process Clause.

This case arises in a difficult context after a terrible tragedy. But it is in just such highly-charged and emotional cases that the courts must zealously guard civil liberties and the rule of law and reject government overreaching. This Court should therefore deny the government's request and vacate the order.

Apple goes on to outline its arguments as to why the All Writs Act is not applicable, noting that Congress had previously declined to expand the Communications Assistance for Law Enforcement Act (CALEA) to include scenarios such as this and that the government's request usurps the legislative authority exercised by Congress.

CALEA's legislative history makes clear the sound policy reasons behind its specific limitations on when decryption services can be required. During congressional hearings on CALEA, then-FBI director Louis Freeh assured Senator Leahy that CALEA would not impede the growth of new technologies. When Senator Leahy asked whether CALEA would inhibit the growth of encryption, he responded "this legislation does not ask [companies] to decrypt. It just tells them to give us the bits as they have them. If they are [en]crypted, that is my problem."

In its conclusion, Apple argues that "the government's motivations are understandable, but its methods for achieving its objectives are contrary to the rule of law, the democratic process, and the rights of the American people."

A court hearing to address the issue is scheduled for next Tuesday, March 22, the day after Apple's media event where it is expected to introduce a new 4-inch "iPhone SE" and a new 9.7-inch iPad, as well as make a few additional announcements.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Article Link: Apple Says Government Trying to 'Rewrite History' by Using All Writs Act as 'All-Powerful Magic Wand'

 

[sniffies]

FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."

 

[jayducharme]

The government currently doesn't seem to care about whatever defense is made. Maybe Apple should get John Oliver to make a statement on their behalf.

 

[darcyf]

This is fast becoming a competition to see who can use the most ear-catching analogy to defame the other side.

So far, I think Apple is winning.

 

[Zwhaler]

You know they're desperate when they resort to something written in 1789...

(I'm not downplaying important legislation on the whole from that period like the Constitution...)

 

[oneMadRssn]

FBI has become synonymous with "Republicans" and "criminals".

As someone who votes liberal most of the time, I disagree. Both major political parties are equally awful when it comes to law enforcement over-reach, privacy issues, and circumventing proper open due process.

 

[rick3000]

I read the entire brief, it's am impressive piece of legal work. I particularly enjoyed Apple calling the DOJ out for deliberately misquoting certain things to make their case stronger.

 

[JPLC]

Apple vs Big Brother. Its like a prophecy coming true.

 

[soupcan]

The FBI is using a 18th century act for 21st century tech. You know they've goofed up somewhere in order for the FBI to be so desperate.

I read trough it. Man does the FBI/DOJ get **** on holy balls. It's glorious.

 

[SteveW928]

The FBI is drunk with power. And, the people in Congress are clueless, if they decide. If it goes to SCOTUS, who knows what will happen? It might be one of those moments where the impact of not having enough conservatives on the bench becomes really obvious.

Apple is easily in the right here, but I'm not going to be holding my breath on the actual outcome. We might be looking back on this as that crucial moment when bill of rights really fell apart (though it's been being eroded for a while now).

 

[Crosscreek]

It's time someone stood up to the DOJ and Apple has the RIGHT argument for personal security.

 

[rdlink]

FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."

Perhaps you missed this one:

http://www.techinsider.io/obama-comments-on-phone-encryption-2016-3

Pretty sure there is a (D) next to his name...

 

[Benjamin Frost]

For the US Government, 1789=1984.

Just noticed the words on the FBI badge—Fidelity, Bravery, Integrity. I could hardly think of less appropriate words for the FBI now.

I suggest they are replaced with Fecklessness, Balls-Up, Idiocy.

 

[RogerWilco]

This will end up in the Supreme Court. Apple will lose because Ginsberg, Sotomayor, Kagan, and Kennedy don't respect individual rights. A tie vote reverts the case back to the appellate court decision. And to think a lot of people cheered when Scalia died, he would have probably sided with Apple.

 

[Sill]

FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."

Don't fool yourself- there isn't a dime's worth of difference between the two parties. Both are controlled by neocons, both are an embarrassment to the people that helped found them and build them as well as staunch party members who vote according to the respective platforms, when those platforms are nothing more than window dressing anymore. Might as well call them demublicans and republicrats.

 

[DrewDaHilp1]

FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."

Aren't both of these agencies, along with the White House currently occupied by democrats?

 

[Juicy Box]

FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."

Statements like this make me wonder if posters are deliberately postings lies to get equally crazy responses, or are they just that stupid and believe what they are saying.

 

[leroypants]

I really like knowing my drug dealing and trafficking women data is secure and that Apple is protecting me and hampering law enforcement.

 

[soupcan]

For the US Government, 1789=1984.

Just noticed the words on the FBI badge—Fidelity, Bravery, Integrity. I could hardly think of less appropriate words for the FBI now.

I suggest they are replaced with Fecklessness, Balls-Up, Idiocy.

I like Federal Bureau of Incompetence more. Or Federal Bunch of Idiots.

 

[RogerWilco]

I really like knowing my drung dealing and trafficking women data is secure and that Apple is protecting me and hampering law enforcement.

Did it ever occur to you that a technology capable of defeating encryption would allow "the authorities" to add any data they wanted to your device and then claim it was yours? This is how tyranny rolls.

 

[JeffyTheQuik]

The All Writs Act, right up there with the Alien and Sedition Act...

We need to defeat the Federalists at the next election!

 

[imola.zhp]

Keep fighting Apple!

 

[PBRsg]

FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."

Last time I checked, the DOJ has operated under Obama for the last seven years, but don't let me interfere with your blatant left wing political bias.
[doublepost=1458084137][/doublepost]

This will end up in the Supreme Court. Apple will lose because Ginsberg, Sotomayor, Kagan, and Kennedy don't respect individual rights. A tie vote reverts the case back to the appellate court decision. And to think a lot of people cheered when Scalia died, he would have probably sided with Apple.

The left wing Democrats are the real threats to personal freedom now. The two states that wanted a version of the iPhone that they could break into are the perpetually Democratic states of New York and California. I think the left has started to miss the old Soviet Union.

 

[firewood]

Statements like this make me wonder if posters are deliberately postings lies to get equally crazy responses, or are they just that stupid and believe what they are saying.

Nowadays, when I see a post with such a deliberately incorrect statement, I immediately put them on my "Ignore" list, assuming there's a high likelihood that they are just some sort of paid troll. Not worth our time.

 

[PBRsg]

Statements like this make me wonder if posters are deliberately postings lies to get equally crazy responses, or are they just that stupid and believe what they are saying.

It's probably just one of those left wing nuts that believes that only moves to the left are considered moving forwards. They should go and experience North Korea for a while.