“Apple shouldn’t have to comply with a search order for an iPhone used by one the San Bernardino, California, terrorists because the Constitution forbids it, the company said Tuesday,” Shara Tibken reports for CNET.
“Apple, in a reply to a Department of Justice filing from Thursday, said the All Writs Acts — the 227-year-old law used to compel Apple to assist the FBI — can’t be applied in this case. It also sought to show that prior cases cited by the Justice Department can’t be used as precedent to make Apple redesign its mobile software,” Tibken reports. “‘The All Writs Act cannot be stretched to fit this case because to do so ‘would be to usurp the legislative function and to improperly extend the limited federal court jurisdiction,” Apple’s filing said, quoting a decision from the 9th US Circuit in 1979.”
“Apple argued Tuesday that Justice Department is trying to give the Act more reach than it actually contains,” Tibken reports. “‘The government attempts to rewrite history by portraying the Act as an all-powerful magic wand rather than the limited procedural tool it is,’ Apple said in its latest filing. “‘This Court should reject that request, because the All Writs Act does not authorize such relief, and the Constitution forbids it.”‘”
Read more in the full article here.
MacDailyNews Take: As we wrote last month:
The day the U.S. government can force anybody to write something is the day the United States of America as we know it dies.
If this keeps up, you won’t need to build a wall. Nobody will want in.
Of course, Apple has in its power to render even these methods, should they be forced upon the company, moot with future iOS updates that protect user privacy from government overreach.
It would be nice, however, not to have to depend on a company to enforce U.S. Constitutional rights, but rather to have a government – made up of people who swear oaths to the Constitution, no less – that protects citizens’ Constitutional rights jealously instead of wiping their asses with the document daily.
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