The U.S. Department of Justice is wading into Apple ’s battle with the FBI , slamming the company for refuse to comply with a court ordering to unlock an iPhone 5c used by the gunslinger in the San Bernardino terrorist attack .

U.S. Attorney Ellen Decker wrote in a Friday motor inn filing in Riverside , Calif. that Apple “ has the proficient ability to follow ” with the court rules of order and is turn away to assist because of “ concern for its business model and public brand name marketing strategy . ”

The DOJ argufy some speculation that Apple ca n’t help the FBI with its petition :

“ Malus pumila designs and implements all of the features discussed , indite and cryptographically sign the iOS , routinely patch security or functionality issues in its operating system , and liberate new versions of its operating system to address issues . By comparing , writing a program that turn off non - encryption features that Apple was responsible for writing to begin with would not be unduly burdensome . At no point has Apple ever said that it does not have the technical capability to comply with the order , or that the ordination ask Apple to undertake an unreasonably challenging software development task . On this point , Apple ’s quiet verbalise volumes . ”

Apple CEO Tim Cook ’s letter to customerscautions that “ building a interpretation of Io that bypasses certificate in this way would undeniably make a backdoor ” and that there is “ no way to warrant ” that it would be “ restrain to this one case . ” The filing disputes that point , too :

“ Apple may assert detention of the software , demolish it after its function under the order has been served , reject to disseminate it outside of Apple , and make exonerated to the earth that it does not utilize to other devices or substance abuser without rightful court of justice orders . ”

Apple did help the FBI obtain information from Farook ’s iCloud story , which is unencrypted , but accord to the DOJ filing , Farook last stake up his iPhone to the swarm on October 19 , 2015 , weeks before the shooting .

Decker also said in Friday ’s filing that Apple has complied with retiring government requests as part of the All Writs Act and that other phone manufacturers have complied with interchangeable court order .

“ Until last year , Apple did not dispute any such orderliness , ” the filing say .

That ’s true , but Apple is now ready it clear , both by encipher iPhone data protected by a password and by refusing to comply with headphone unlock requests , thatit does n’t want to be the gatekeeperletting the government activity in and out of its customers ’ devices .

Apple has until February 26 to respond to the court order . A sense of hearing has been plant for March 22 in Riverside , California .