“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.
SEE ALSO:
Apple says U.S. ‘Founders would be appalled’ by DOJ order – March 16, 2016
U.S. Senator Lindsey Graham finally talks to tech experts, switches side to Apple vs. FBI – March 15, 2016
Obama administration begins to realize it may have made a big time mistake going after Apple over iPhone encryption – March 15, 2016
Tech companies join Apple to fight back against government overreach, prep to expand encryption of user data – March 15, 2016
Google’s Eric Schmidt is joining the Pentagon’s new How Apple realized it was at war with the FBI: The DOJ was poised to launch PR campaign designed to pull the public’s heartstrings – March 15, 2016
Richard Clarke: U.S. government more interested in setting legal precedent than solving the problem of one iPhone – March 15, 2016
Obama criticized for ‘tone deaf’ comments at SXSW regarding Apple’s fight against government overreach – March 14, 2016
The U.S. government’s fight with Apple could backfire big time – March 14, 2016
John Oliver just smartly explained Apple’s fight against U.S. government overreach – March 14, 2016
U.S. Congressman Darrell Issa at SXSW: ‘Hold your iPhone a little bit higher, so the FBI can hear us better’ – March 14, 2016
Obama pushes for iPhone back door; Congressman Issa blasts Obama’s ‘fundamental lack of understanding’ – March 12, 2016
U.S. Attorney General Loretta Lynch backs U.S. government overreach on The Late Show with Stephen Colbert – March 11, 2016
Former CIA Director: FBI wants to dictate iPhone’s operating system – March 11, 2016
U.S. government takes cheap shots at Apple – March 11, 2016
FBI warns it could demand Apple’s iPhone code and secret electronic signature – March 10, 2016
California Democrat Diane Feinstein backs U.S. government overreach over Apple – March 10, 2016
Snowden: U.S. government’s claim it can’t unlock San Bernardino iPhone is ‘bullshit’ – March 10, 2016
Apple: The law already exists that protects us from U.S. government demands to hack iPhone – February 26, 2016
Apple said to be prepping iOS version that even it can’t hack – February 25, 2016
Apple could easily lock rights-trampling governments out of future iPhones – February 20, 2016
Apple CEO Tim Cook lashes out at Obama administration over encryption, bemoans White House lack of leadership – January 13, 2016
Short-timer U.S. Attorney General Eric Holder blasts Apple for protecting users’ privacy against government overreach – September 30, 2014
Obama administration demands master encryption keys from firms in order to conduct electronic surveillance against Internet users – July 24, 2013