Apple asks judge to vacate order on locked iPhone

The filing represents Apple's first official response since the judge's order last week on the San Bernardino shooter's device

Apple asks judge to vacate order on locked iPhone
The Apple logo is pictured inside the newly opened Omotesando Apple store at a shopping district in Tokyo
APPTI Washington
Last Updated : Feb 26 2016 | 12:45 PM IST
Apple Inc has asked a federal magistrate to reverse her order that the company help the FBI hack into a locked iPhone, accusing the federal government of seeking "dangerous power" through the courts and of promoting a "boundless" interpretation of the law.

The filing represents Apple's first official response since the judge's order last week and builds upon arguments voiced by the company's chief executive and supporters.

The Justice Department is proposing a "boundless interpretation" of the law that, if left unchecked, could bring disastrous repercussions for digital privacy, the company warned in a memo submitted to Magistrate Sheri Pym.

"The government says: 'Just this once' and 'Just this phone.' But the government knows those statements are not true," lawyers for Apple wrote yesterday.

The dispute broke into public view last Tuesday when Pym directed Apple to help the FBI gain access to a phone used by one of the assailants in the San Bernardino, California, attacks.

The filing was made the same day that FBI Director James Comey defended the government's approach during separate appearances on Capitol Hill, where he stressed that the agency was seeking specialised software for only one phone as part of an ongoing terrorism investigation. The Justice Department wants to bypass some security features on the iPhone so that it can try as many passcodes as possible without the data being erased.

But Apple said the specialised software the government wants it to build does not currently exist and "would require significant resources and effort to develop," including the work of six to 10 engineers working two to four weeks. The magistrate judge suggested in her ruling that the government would be required to pay Apple's costs.

"No court has ever authorised what the government now seeks, no law supports such unlimited and sweeping use of the judicial process, and the Constitution forbids it," Apple said.

It accused the government of working under a closed courtroom process under the auspices of a terrorism investigation of trying "to cut off debate and circumvent thoughtful analysis."

"The government wants to compel Apple to create a crippled and insecure product," the company said. "Once the process is created, it provides an avenue for criminals and foreign agents to access millions of iPhones.

(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Feb 26 2016 | 3:22 AM IST

Next Story