Apple: Founding Fathers ‘Would be Appalled’ with DoJ Order to Unlock iPhone



In a filing entered today in Central California district court, Apple says the government wants the law to act as “an all-powerful magic wand” that could force the company into assisting law enforcement.

The argument comes in response to FBI demands for Apple to break security on an iPhone linked to the San Bernardino shooting, giving investigators access to data stored locally on the phone.

“The Founders would be appalled,” Apple wrote in its last court filing before it squares off against the government in federal court in California at a hearing on March 22.

The FBI’s court order relies on the All Writs Act, a broad 1789 law that gives courts power to, among other things, compel companies’ cooperation in investigations and has been used by the government for that purpose.

Apple argues that the U.S. attorneys are misinterpreting prior cases and their application of the law is overreaching: “The government attempts to rewrite history by portraying the Act as an all-powerful magic wand rather than the limited procedural tool it is,” Apple’s lawyers write, comparing the request to “conscription” of the company and its employees that would “pose a severe threat” to Apple’s autonomy.

Apple CEO Tim Cook has said that writing software to comply with the FBI’s request would be creating the equivalent of cancer, as the company says it would amount to a master key that could undermine security of other iPhones. Apple’s position has garnered support from dozens of civil liberties groups and tech companies, including Google, Facebook, Microsoft and Intel.

[via TIME / NBC News]


  • m Arch Tom’s on Bar N Ass

    this is now getting ridiculous ! Dear apple, sovereignty in a state or nation, is always in the hands of representatives of citizens ( parliament/congress ) and acting as if they were making the interest of citizens/tax-payers/consumers. the actions of a congress can be seen when observing government/departments directives or law enforcement and when observing DOJ ( magistrates and state legal attorneys ) work or activities. it’s rather useless for apple inc. then, to fight the constitution and law makers, as if apple were terrorists and addicted to anti-state terroristic threatenings and to anarchical activities without discipline.
    Dear apple, what is it that You’re trying to do ? What is it that you’re trying turn yourself into ? A mentally affected by Baraldini syndrome? a church ?All of US know a church is ultimately rather a bank, not a vendor/merchant. DRAFT

  • Rachel28

    D) Not liking the idea of creating their own cancer.