Apple has just responded to the FBI ’s court order , claiming that it ’s a violation of the caller ’s rights to free manner of speaking .
On Thursday , Applefiled a “ motion to vacate”the tourist court purchase order compelling the iPhone - maker to help the FBI in discontinue into the iPhone of Syed Farook , one of the San Bernardino shooters . In the document , Apple argues that its software package is protect speech , and the government compel the company to fabricate software that go against its beliefs is a violation of its First and Fifth Amendment right field .
Apple ’s move reads :
“ The need violates Apple ’s First Amendment right field against compelled speech and viewpoint secernment . Apple wrote code for its operating system that reverberate Apple ’s firm view about consumer security and concealment . By forcing Apple to pen computer software that would sabotage those values , the governing seeks to obligate Apple ’s speech and to force Apple to express the government ’s vantage point on security and privacy instead of its own .
The government activity ’s need also violate Apple ’s Fifth Amendment right to be free from arbitrary neediness of its liberties in that it would conscript Apple to develop software that undermine the security mechanism of its own ware . ”
Apple is also repugn the governing ’s use of the All Writs Act of 1789 , as well as the government ’s claim that this hackable iOS , or “ GovtOS ” as Apple refers to it , will be used on Farook ’s iPhone and just this one time .
“ State and local officials publically declared their intent to apply the nominate operating scheme to open up hundred of other seized twist — in cases make nothing to do with terrorism , ” the motion take .
The New York City police commissioner and Manhattan ’s district lawyer have pronounce thatthey currently have 175 iPhonesthat they could not unlock themselves . TheWall Street Journalreported that the Justice Department is trying to obligate Apple to help crack 12 iPhones using the All Writs Act . ABC News also reportedthat Apple has received ( and contend ) court orders to extract data from 15 iPhones in just the last five months . On Thursday , FBI Director James Comey admit that this slip “ will be instructive for other courts . ”
Apple is not going into this sound conflict alone , however . Microsoft said that it ’s file an amicus brief in support of Apple ’s decision against the government , and harmonize to9to5Mac , Google , Facebook , and Twitter are filing amicus briefs as well .
Congress willhear testimoniesregarding this cause from both Comey and Apple ’s sound team on March 1 .
Read Apple ’s motion to vacate in full below .
Apple Motion to Vacate Brief and substantiate Declarations ( 1 )
