Apple ’s refusal to aid the FBI brute - force the iPhone 5c passcode of the San Bernardino gun for hire will most in all likelihood play out in the courts — the first hearing is scheduled for March 22 in Riverside , California . But Congress has a role to act too .
On Tuesday , Apple Senior Vice President and General Counsel Bruce Sewell will testify before the House Judiciary Committee , stressing that while Apple does respect and attend law enforcement , what the FBI wants this fourth dimension simply goes too far .
One of Apple ’s strategy is to argue that Congress should elapse legislation to cover case like this , instead of using the more broad All Writs Act , which was first passed in 1789 and last updated in 1948 . Apple recollect a more mod statute like theCommunications for Assistance for Law Enforcement Act ( CALEA)would be more appropriate , although the Department of Justice disagrees that it ’s applicable here .
Sewell is n’t the only witness shout out to Congress on Tuesday . The Judiciary Committee ’s hearing , title “ The Encryption Tightrope : Balancing Americans ’ Security And Privacy , ” will also feature testimony from FBI Director James Comey , Professor Susan Landau of Worcester Polytecnic Institute , and New York County District Attorney Cyrus Vance , Jr. — whorecently told Charlie Rosethat he ’s asked Apple to unlock 175 iPhones , and if the government gets its way in San Bernardino , would “ absolutely ” push for the same thing in New York .
The full textbook of Sewell ’s opening remarks is below . Thehearingis schedule for 1 pm Eastern , and willair live on C - SPAN 3 .
give thanks you , Mr. Chairman . It ’s my pleasure to appear before you and the Committee today on behalf of Apple . We apprize your invitation and the chance to be part of the treatment on this important issue which centers on the polite indecorum at the fundament of our country .
I want to repeat something we have say since the commencement — that the dupe and families of the San Bernardino flack have our deepest sympathies and we strongly agree that judge should be served . Apple has no sympathy for terrorists .
We have the farthermost respect for law enforcement and share their goal of creating a good human race . We have a squad of consecrate professionals that are on call 24 hour a day , seven day a week , 365 days a year to assist law enforcement . When the FBI came to us in the immediate aftermath of the San Bernardino attacks , we gave all the information we had related to their investigation . And we plump beyond that by making Apple engineers useable to suggest them on a figure of additional investigative options .
But we now see ourselves at the center of an sinful circumstance . The FBI has asked a Court to order us to give them something we do n’t have . To create an operating system that does not survive — because it would be too dangerous . They are asking for a backdoor into the iPhone — specifically to build up a software tool that can let on the encryption system which protects personal information on every iPhone .
As we have told them — and as we have told the American public — build that software putz would not affect just one iPhone . It would weaken the security for all of them . In fact , just last workweek Director Comey agree that the FBI would likely use this common law in other cases involve other phones . District Attorney Vance has also say he would absolutely plan to practice this on over 175 telephone set . We can all fit this is not about access code to just one iPhone .
The FBI is require Apple to weaken the security department of our products . hack and cyber criminals could employ this to wreak havoc on our privateness and personal safety gadget . It would specify a dangerous case law for government intrusion on the seclusion and safety of its citizens .
Hundreds of millions of law - abiding people trust Apple ’s products with the most intimate details of their everyday lives — photos , private conversations , wellness datum , fiscal account , and information about the user ’s position as well as the location of their supporter and family . Some of you might have an iPhone in your air pocket right now , and if you think about it , there ’s in all likelihood more information stored on that iPhone than a stealer could steal by break into your house . The only way of life we screw to protect that data point is through strong encoding .
Every day , over a trillion transactions occur safely over the net as a termination of encrypt communications . These range from online banking and credit card transactions to the exchange of healthcare records , ideas that will change the world for the well , and communications between loved ones . The U.S. regime has spent ten-spot of million of dollars through the Open Technology Fund and other U.S. administration programs to fund unassailable encoding . The Review Group on Intelligence and Communications Technology , convened by President Obama , urged the U.S. government to fully affirm and not in any manner subvert , undermine , weaken , or make vulnerable more often than not usable commercial software package .
Encryption is a good thing , a necessary thing . We have been using it in our products for over a decade . As attacks on our customers ’ information become increasingly sophisticated , the tool we habituate to support against them must get stronger too . Weakening encoding will only pain consumer and other well - meaning users who swear on companies like Apple to protect their personal information .
Today ’s listening is titled Balancing Americans ’ Security and Privacy . We consider we can , and we must , have both . protect our data with encoding and other method acting continue our privacy and it keeps people safe .
The American the great unwashed deserve an true conversation around the crucial questions stemming from the FBI ’s current need :
Do we desire to put a limit on the technology that protects our information , and therefore our seclusion and our prophylactic , in the face of increasingly sophisticated cyber attacks ? Should the FBI be allow to stop Apple , or any companionship , from offer the American hoi polloi the safe and most untroubled intersection it can make ?
Should the FBI have the right to obligate a company to produce a ware it does n’t already make , to the FBI ’s accurate specifications and for the FBI ’s use of goods and services ?
We trust that each of these questions deserves a healthy discussion , and any decision should be made after a thoughtful and honest consideration of the facts .
Most importantly , the decisions should be made by you and your confrere as voice of the people , rather than through a warrant request free-base on a 220 - year - sure-enough statute .
At Apple , we are quick to have this conversation . The feedback and support we ’re hear indicate to us that the American people are ready , too .
We feel strongly that our customer , their family , their Quaker and their neighbors will be better protected from thieves and terrorists if we can offer the very best protections for their data . And at the same time , the freedom and familiarity we all cherish will be more secure .
give thanks you for your time . I expect forward to answering your questions .
