Apple Uses a Barrage of Legal Arguments in San Bernardino Case
Apple is bringing a wide range of legal arguments to bear in its attempt to get out of having to unlock a killer’s iPhone for the FBI.
In a motion filed Thursday, the company asked a federal court in California to overturn an order that it work with the FBI to get into the phone of San Bernardino shooter Syed Rizwan Farook. Apple’s fascinating filing contends that the order violates the First Amendment by compelling speech, in the form of computer code.
Apple also says it violates the Fifth Amendment by “conscripting a private party with an extremely attenuated connection to the crime to do the government’s bidding”—a violation of due process. And, the company contends, helping law enforcement get into this phone and others would unfairly burden Apple by requiring it to set up a new “hacking department to service government requests.”
It’s hard to imagine this case not going to the U.S. Supreme Court, given its complexity and importance. As FBI Chief James Comey said Thursday, balancing the need for strong encryption technologies with the demands of law enforcement is “the hardest question I’ve seen in government.”
(Read more: Document Cloud, Wall Street Journal)
Keep Reading
Most Popular

A quick guide to the most important AI law you’ve never heard of
The European Union is planning new legislation aimed at curbing the worst harms associated with artificial intelligence.

It will soon be easy for self-driving cars to hide in plain sight. We shouldn’t let them.
If they ever hit our roads for real, other drivers need to know exactly what they are.

Crypto is weathering a bitter storm. Some still hold on for dear life.
When a cryptocurrency’s value is theoretical, what happens if people quit believing?

Artificial intelligence is creating a new colonial world order
An MIT Technology Review series investigates how AI is enriching a powerful few by dispossessing communities that have been dispossessed before.
Stay connected

Get the latest updates from
MIT Technology Review
Discover special offers, top stories, upcoming events, and more.