“Apple will likely seek to invoke the United States’ protections of free speech as one of its key legal arguments in trying to block an order to help unlock the encrypted iPhone of one of the San Bernardino shooters, lawyers with expertise in the subject said this week,” David Ingram, Alison Frankel, and Dan Levine report for Reuters. “The tech giant and the Obama administration are on track for a major collision over computer security and encryption after a federal magistrate judge in Los Angeles handed down an order on Tuesday requiring Apple to provide specific software and technical assistance to investigators.”
“Apple has retained two prominent, free-speech lawyers to do battle with the government, according to court papers: Theodore Olson, who won the political-speech case Citizens United v. Federal Election Commission in 2010, and Theodore Boutrous, who frequently represents media organizations,” Ingram, Frankel, and Levine report. “Government lawyers from the U.S. Justice Department have defended their request in court papers by citing various authorities, such as a 1977 U.S. Supreme Court ruling that upheld an order compelling a telephone company to provide assistance with setting up a device to record telephone numbers. The high court said then that the All Writs Act, a law from 1789, authorized the order, and the scope of that ruling is expected to be a main target of Apple when it files a response in court by early next week.”
“But Apple will likely also broaden its challenge to include the First Amendment’s guarantee of speech rights, according to lawyers who are not involved in the dispute but who are following it,” Ingram, Frankel, and Levine report. “Apple could argue that being required to create and provide specific computer code amounts to unlawful compelled speech, said Riana Pfefferkorn, a cryptography fellow at Stanford University’s Center for Internet and Society. The order against Apple is novel because it compels the company to create a new forensic tool to use, not just turn over information in Apple’s possession, Pfefferkorn said. ‘I think there is a significant First Amendment concern,'” she said.”
Read more in the full article here.
MacDailyNews Take: Maybe, in the end, Roberts will just proclaim it a “tax.”
In that case, it would really be the end, as in: of the country as we know it.
Don’t laugh: The leap from forcing U.S. citizens to buy something they don’t want to buy or get fined to forcing U.S. companies’ employees to write code they don’t want to write or get fined or worse* really isn’t all that great.
*import/export blockades, executives jailed, etc.
SEE ALSO:
Donald Trump calls for Apple boycott over San Bernardino terrorist iPhone encryption – February 19, 2016
Secret memo details U.S. government’s broader strategy to crack phones – February 19, 2016
DOJ escalates war against Apple, files new motion to compel company to break into iPhone – February 19, 2016
Libertarian U.S. presidential candidate John McAfee offers to unlock terrorist’s iPhone for FBI – February 19, 2016
Apple is still fighting Big Brother – February 19, 2016
Apple co-founder Woz: Steve Jobs would have fought this U.S. government overreach, too – February 19, 2016
Mother who lost son in San Bernardino terrorist attack sides with Apple against U.S. government backdoor demands – February 19, 2016
iPhones don’t kill people, people kill people – February 19, 2016
Court extends deadline for Apple to oppose order to unlock iPhone – February 19, 2016
Twitter, Facebook, Box support Apple against U.S. government demand to hack iPhone – February 19, 2016
No, Apple has NOT unlocked 70 iphones for law enforcement – February 18, 2016
Apple is right, the U.S. government demand would make us all less secure – February 18, 2016
How Apple will fight the DOJ in iPhone backdoor case: U.S. government’s position stands on 227 year old law – February 18, 2016
USA Today alters logo to support Apple in fight against U.S. government overreach – February 18, 2016
Obama administration claims FBI is not asking Apple for a ‘backdoor’ to the iPhone – February 18, 2016
Privacy activists plan rallies across U.S. to support Apple in battle against U.S. government on February 23rd – February 18, 2016
Google CEO Sundar Pichai wishy-washy on Apple’s fight against U.S. government backdoor demands – February 18, 2016
Why Apple is fighting back against U.S. federal government demands for iPhone access – February 17, 2016
Snowden backs Apple in fight over iPhone; blasts Google’s silence – February 17, 2016
Obama administration: We’re only demanding Apple hack just one iPhone – February 17, 2016
Security firm shows how Apple could bypass iPhone security to comply with FBI request – February 17, 2016
What the Apple court order means for your smartphone privacy – February 17, 2016
EFF opposes U.S. government demand to force Apple to unlock terrorist’s iPhone – February 17, 2016
‘Who do they think they are?’ Donald Trump blasts Apple for not unlocking San Bernardino terrorist’s iPhone – February 17, 2016
Tim Cook posts open letter opposing U.S. government demands to bypass iPhone encryption – February 17, 2016
Apple CEO opposes court order to help FBI unlock San Bernardino terrorist’s iPhone – February 17, 2016
Apple wants judge to rule if it can be forced to unlock defendant’s iPhone – February 16, 2016
U.S. House lawmakers seek to outlaw states from banning encrypted iPhones – February 10, 2016
Obama administration wants access to smartphones – December 15, 2015
Obama administration’s calls for backdoors into encrypted communications echo Clinton-era key escrow fiasco – December 14, 2015