Apple Says Government Trying to 'Rewrite History' by Using All Writs Act as 'All-Powerful Magic Wand'

Following the U.S. government's filing last week once again urging the court to compel Apple to assist the FBI in unlocking the iPhone of San Bernardino shooter Syed Farook, a document Apple general counsel Bruce Sewell called a "cheap shot," Apple today filed its response arguing that the government's reliance on the All Writs Act dating back to 1789 as justification for the request is an attempt to "rewrite history by portraying the Act as an all-powerful magic wand rather than the limited procedural tool it is."

applefbi
Today's filing, shared by Business Insider, outlines Apple's arguments as to why the All Writs Act should not apply in this situation and reiterates a number of positions the company has previously described, including belief that this issue needs to be settled legislatively and that the imposition of the order would cause "unprecedented and offensive burdens" and violate both Apple's First Amendment rights and the Due Process Clause.

This case arises in a difficult context after a terrible tragedy. But it is in just such highly-charged and emotional cases that the courts must zealously guard civil liberties and the rule of law and reject government overreaching. This Court should therefore deny the government’s request and vacate the order.

Apple goes on to outline its arguments as to why the All Writs Act is not applicable, noting that Congress had previously declined to expand the Communications Assistance for Law Enforcement Act (CALEA) to include scenarios such as this and that the government's request usurps the legislative authority exercised by Congress.

CALEA’s legislative history makes clear the sound policy reasons behind its specific limitations on when decryption services can be required. During congressional hearings on CALEA, then-FBI director Louis Freeh assured Senator Leahy that CALEA would not impede the growth of new technologies. When Senator Leahy asked whether CALEA would inhibit the growth of encryption, he responded “this legislation does not ask [companies] to decrypt. It just tells them to give us the bits as they have them. If they are [en]crypted, that is my problem.”

In its conclusion, Apple argues that "the government’s motivations are understandable, but its methods for achieving its objectives are contrary to the rule of law, the democratic process, and the rights of the American people."

A court hearing to address the issue is scheduled for next Tuesday, March 22, the day after Apple's media event where it is expected to introduce a new 4-inch "iPhone SE" and a new 9.7-inch iPad, as well as make a few additional announcements.

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 Pocket Short

iPhone Pocket is Now Completely Sold Out Worldwide

Tuesday November 25, 2025 7:16 am PST by
Apple recently teamed up with Japanese fashion brand ISSEY MIYAKE to create the iPhone Pocket, a limited-edition knitted accessory designed to carry an iPhone. However, it is now completely sold out in all countries where it was released. iPhone Pocket became available to order on Apple's online store starting Friday, November 14, in the United States, France, China, Italy, Japan, Singapore, ...
Netflix Smaller 4

Netflix Kills Casting From Its Mobile App to Most Modern TVs

Monday December 1, 2025 4:36 am PST by
Netflix has quietly removed the ability to cast content from its mobile apps to most modern TVs and streaming devices, including newer Chromecast models and the Google TV Streamer. The change was first spotted by users on Reddit and confirmed in an updated Netflix support page (via Android Authority), which now states that the streaming service no longer supports casting from mobile devices...
Cyber Week Deals 2025

Best Cyber Week Apple Deals Include Big Discounts on AirPods, Apple Watch, and More

Sunday November 30, 2025 7:33 am PST by
Cyber Week is here, and you can find popular Apple products like AirPods, iPad, Apple Watch, and more at all-time low prices. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site running. Specifically,...
Sad Siri Feature

Apple AI Chief John Giannandrea Retiring After Siri Delays

Monday December 1, 2025 2:16 pm PST by
Apple AI chief John Giannandrea is stepping down from his position and retiring in spring 2026, Apple announced today. Giannandrea will serve as an advisor between now and 2026, with former Microsoft AI researcher Amar Subramanya set to take over as vice president of AI. Subramanya will report to Apple engineering chief Craig Federighi, and will lead Apple Foundation Models, ML research, and ...
studio display purple february

M5 iPad Pro Could Hint at New Studio Display Feature

Sunday November 30, 2025 10:30 am PST by
The updated specs of the M5 iPad Pro may point toward a major new feature for Apple's next-generation Studio Display expected in early 2026. Apple's latest iPad Pro debuted last month and contains one display-related change that stands out: it can now drive external monitors at up to 120Hz with Adaptive Sync. The feature should deliver lower latency, smoother motion, and fewer visual...
New Intel Logo

Apple and Intel Rumored to Partner on Mac Chips Again in a New Way

Friday November 28, 2025 7:33 am PST by
While all Macs are now powered by Apple's custom-designed chips, a new rumor claims that Apple may rekindle its partnership with Intel, albeit in a new and limited way. Apple supply chain analyst Ming-Chi Kuo today said Intel is expected to begin shipping Apple's lowest-end M-series chip as early as mid-2027. Kuo said Apple plans to utilize Intel's 18A process, which is the "earliest...
iphone black friday gold

The Best Black Friday iPhone Deals Still Available

Friday November 28, 2025 6:24 am PST by
Cellular carriers have always offered big savings on the newest iPhone models during the holidays, and Black Friday 2025 sales have kicked off at AT&T, Verizon, T-Mobile, and more. Right now we're tracking notable offers on the iPhone 17, iPhone 17 Pro, iPhone 17 Pro Max, and iPhone Air. For even more savings, keep an eye on older models during the holiday shopping season. Note: MacRumors is...
maxresdefault

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Monday December 1, 2025 3:00 am PST by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Subscribe to the MacRumors YouTube channel for more videos. Below, we've collated an updated set of key details that ...
maxresdefault

The MacRumors Show: Apple's Big Plans for iPad Mini 8

Friday November 28, 2025 8:39 am PST by
On this week's episode of The MacRumors Show, we talk through the latest rumors about Apple's upcoming iPad mini 8. Subscribe to The MacRumors Show YouTube channel for more videos The next-generation version of the iPad mini is expected to feature an OLED display, as part of Apple's plan to expand the display technology across many more of its devices. Apple's first OLED device was the Apple...

Top Rated Comments

oneMadRssn Avatar
127 months ago
FBI has become synonymous with "Republicans" and "criminals".
As someone who votes liberal most of the time, I disagree. Both major political parties are equally awful when it comes to law enforcement over-reach, privacy issues, and circumventing proper open due process.
Score: 30 Votes (Like | Disagree)
JPLC Avatar
127 months ago
Apple vs Big Brother. Its like a prophecy coming true.
Score: 17 Votes (Like | Disagree)
rdlink Avatar
127 months ago
FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."
Perhaps you missed this one:

http://www.techinsider.io/obama-comments-on-phone-encryption-2016-3

Pretty sure there is a (D) next to his name...
Score: 15 Votes (Like | Disagree)
Benjamin Frost Avatar
127 months ago
For the US Government, 1789=1984.

Just noticed the words on the FBI badge—Fidelity, Bravery, Integrity. I could hardly think of less appropriate words for the FBI now.

I suggest they are replaced with Fecklessness, Balls-Up, Idiocy.
Score: 14 Votes (Like | Disagree)
darcyf Avatar
127 months ago
This is fast becoming a competition to see who can use the most ear-catching analogy to defame the other side.

So far, I think Apple is winning.
Score: 13 Votes (Like | Disagree)
Juicy Box Avatar
127 months ago
FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."
Statements like this make me wonder if posters are deliberately postings lies to get equally crazy responses, or are they just that stupid and believe what they are saying.
Score: 12 Votes (Like | Disagree)