U.S. Government Calls Apple's Opposition to iPhone Unlocking Order a 'Diversion,' Says Fears Are 'Overblown'

Prosecutors representing the United States government today filed another document (via The Verge) to support the motion to compel Apple to unlock the iPhone used by San Bernardino shooter Syed Farook, calling the original order a "modest" request that would not result in a universal "master key" and dismissing many of Apple's legal arguments.

The document says Apple's rhetoric is false and "corrosive of the very institutions that are best able to safeguard our liberty and our rights." Apple's efforts, and those of its supporters, to highlight the wider issues the order could have on encryption, are a "diversion," says the government.

applefbi

Apple and its amici try to alarm this Court with issues of network security, encryption, back doors, and privacy, invoking larger debates before Congress and in the news media. That is a diversion. Apple desperately wants--desperately needs--this case not to be "about one isolated iPhone." But there is probable cause to believe there is evidence of a terrorist attack on that phone, and our legal system gives this Court the authority to see that it can be searched pursuant to a lawful warrant. And under the compelling circumstances here, the Court should exercise that authority, even if Apple would rather its products be warrant-proof.

Unsurprisingly, the government argues that the All Writs Act does, in fact, give the courts the power to compel Apple to unlock the iPhone, disagreeing with Apple's argument that Congress' choice not to expand on the Communications Assistance for Law Enforcement Act serves as evidence Congress has limited the assistance companies must provide to law enforcement.

It also walks through several prior court cases in an effort to challenge many of Apple's claims, including that no company has been conscripted to produce code for the government and that it would be an undue burden for Apple to create new software for the FBI.

Apple is accused of "deliberately" raising technological barriers preventing the government from obtaining the data on the iPhone through a lawful warrant. "Apple alone can remove those barriers so the FBI can search the phone," reads the document, "and it can do so without undue burden." Apple is "one of the richest and most tech-savvy companies in the world," and is "more than able to comply with the AWA order." The government goes on to suggest that there's no evidence a narrow order could apply to additional devices in the future, but if it does, Apple is "more than able to comply with a large volume of law-enforcement requests."

Next, contrary to Apple’s stated fears, there is no reason to think that the code Apple writes in compliance with the Order will ever leave Apple’s possession. Nothing in the Order requires Apple to provide that code to the government or to explain to the government how it works. And Apple has shown it is amply capable of protecting code that could compromise its security. [...]

Far from being a master key, the software simply disarms a booby trap affixed to one door: Farook’s.

Several sections in the motion also disagree with the notion that the software could be used on other devices and could fall into the hands of hackers or lead to Apple being forced to comply with data requests from foreign governments.

Apple speculates that if it submits to a lawful order to assist with a constitutional, warranted search of a consenting customer's phone in America, Apple will have no choice but to help totalitarian regimes suppress dissidents around the globe, and "hackers, criminals, and foreign agents" will have access to the data on millions of iPhones. This putative public burden, Apple argues, is a basis to relieve it from the Order. Apple's fears are overblown for reasons both factual and legal.

Apple and the U.S. government have been engaged in a fierce public battle over the order that would require Apple to help the FBI break into the iPhone of San Bernardino shooter Syed Farook by creating new software to circumvent passcode restrictions on the device. Apple believes complying with the demand would set a dangerous precedent that could lead to the overall weakening of encryption on smartphones and other electronic devices.

Apple executives, including Tim Cook, Eddy Cue, and Craig Federighi have all given public interviews in recent weeks explaining Apple's stance, positioning the government's request as an overreach of power that could snowball into a continual stream of invasive demands impacting the privacy rights of its customers across the world.

Apple is scheduled to appear in court to fight the order on March 22, the day after its planned March 21 event that will see the debut of the iPhone SE and the new 9.7-inch iPad.

Update: Apple legal chief Bruce Sewell spoke with reporters following the government's filing, and a transcript of what he had to say has been shared by Business Insider.

In the statement, Sewell says the "cheap shot" brief's tone "reads like an indictment." He says it is an "unsupported, unsubstantiated effort to vilify Apple" rather than an effort to cover the issues in the case.

In 30 years of practice I don't think I've seen a legal brief that was more intended to smear the other side with false accusations and innuendo, and less intended to focus on the real merits of the case. [...]

We add security features to protect our customers from hackers and criminals. And the FBI should be supporting us in this because it keeps everyone safe. To suggest otherwise is demeaning. It cheapens the debate and it tries to mask the real and serious issues. I can only conclude that the DoJ is so desperate at this point that it has thrown all decorum to the winds....

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

iphone 16 display

iPhone 17's Scratch Resistant Anti-Reflective Display Coating Canceled

Monday April 28, 2025 12:48 pm PDT by
Apple may have canceled the super scratch resistant anti-reflective display coating that it planned to use for the iPhone 17 Pro models, according to a source with reliable information that spoke to MacRumors. Last spring, Weibo leaker Instant Digital suggested Apple was working on a new anti-reflective display layer that was more scratch resistant than the Ceramic Shield. We haven't heard...
iPhone 17 Air Pastel Feature

iPhone 17 Reaches Key Milestone Ahead of Mass Production

Monday April 28, 2025 8:44 am PDT by
Apple has completed Engineering Validation Testing (EVT) for at least one iPhone 17 model, according to a paywalled preview of an upcoming DigiTimes report. iPhone 17 Air mockup based on rumored design The EVT stage involves Apple testing iPhone 17 prototypes to ensure the hardware works as expected. There are still DVT (Design Validation Test) and PVT (Production Validation Test) stages to...
Beyond iPhone 13 Better Blue

20th Anniversary iPhone Likely to Be Made in China Due to 'Extraordinarily Complex' Design

Monday April 28, 2025 4:29 am PDT by
Apple will likely manufacture its 20th anniversary iPhone models in China, despite broader efforts to shift production to India, according to Bloomberg's Mark Gurman. In 2027, Apple is planning a "major shake-up" for the iPhone lineup to mark two decades since the original model launched. Gurman's previous reporting indicates the company will introduce a foldable iPhone alongside a "bold"...
apple watch ultra yellow

What's Next for the Apple Watch Ultra 3 and Apple Watch SE 3

Friday April 25, 2025 2:44 pm PDT by
This week marks the 10th anniversary of the Apple Watch, which launched on April 24, 2015. Yesterday, we recapped features rumored for the Apple Watch Series 11, but since 2015, the Apple Watch has also branched out into the Apple Watch Ultra and the Apple Watch SE, so we thought we'd take a look at what's next for those product lines, too. 2025 Apple Watch Ultra 3 Apple didn't update the...
iphone 17 air iphone 16 pro

iPhone 17 Air USB-C Port May Have This Unusual Design Quirk

Wednesday April 30, 2025 3:59 am PDT by
Apple is preparing to launch a dramatically thinner iPhone this September, and if recent leaks are anything to go by, the so-called iPhone 17 Air could boast one of the most radical design shifts in recent years. iPhone 17 Air dummy model alongside iPhone 16 Pro (credit: AppleTrack) At just 5.5mm thick (excluding a slightly raised camera bump), the 6.6-inch iPhone 17 Air is expected to become ...
iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching Later This Year With These 13 New Features

Wednesday April 23, 2025 8:31 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of April 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
iPhone 17 Pro on Desk Feature

All iPhone 17 Models Again Rumored to Feature 12GB of RAM

Tuesday April 29, 2025 3:36 am PDT by
All upcoming iPhone 17 models will come equipped with 12GB of RAM to support Apple Intelligence, according to the Weibo-based leaker Digital Chat Station. The claim from the Chinese leaker, who has sources within Apple's supply chain, comes a few days after industry analyst Ming-Chi Kuo said that the iPhone 17 Air, iPhone 17 Pro, and iPhone 17 Pro Max will all be equipped with 12GB of RAM. ...
AirPods Pro 3 Mock Feature

AirPods Pro 3 Just Months Away – Here's What We Know

Tuesday April 29, 2025 1:30 am PDT by
Despite being more than two years old, Apple's AirPods Pro 2 still dominate the premium wireless‑earbud space, thanks to a potent mix of top‑tier audio, class‑leading noise cancellation, and Apple's habit of delivering major new features through software updates. With AirPods Pro 3 widely expected to arrive in 2025, prospective buyers now face a familiar dilemma: snap up the proven...

Top Rated Comments

garirry Avatar
119 months ago
This is actually starting to become scary. Sad that a country like the US wants this sort of power.
Score: 80 Votes (Like | Disagree)
Mactendo Avatar
119 months ago
They'd better work to prevent terrorists attacks, not to search terrorists phones after it happened.
Score: 59 Votes (Like | Disagree)
mariusignorello Avatar
119 months ago
FBI: create the key
Apple: no, it will have terrible consequences and unlock every iPhone
FBI: no it won't
Apple: yes it will
FBI: no it won't
Apple: *rolls eyes*
Score: 52 Votes (Like | Disagree)
bushido Avatar
119 months ago
well this just shows that politicians have no idea about how technology actually works as usual. shocker
Score: 37 Votes (Like | Disagree)
sputnikv Avatar
119 months ago
This is the most enraging thing I've read in a long time.

The document says Apple's rhetoric is false and "corrosive of the very institutions that are best able to safeguard our liberty and our rights."
They are accusing Apple of the very thing they're aiming to do Jesus Christ.
Score: 33 Votes (Like | Disagree)
theelysium Avatar
119 months ago
FBI sure is assuming a lot about Apple's abilities. FBI is also ignoring the fact that Apple has told them in order to do this it will created the key for all the iPhones. Why is it that the insufferable never listen to the facts?
Score: 32 Votes (Like | Disagree)