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

iOS 18

iOS 18.4 Will Include These New Features for Your iPhone

Wednesday February 5, 2025 7:15 am PST by
iOS 18.3 was released last month, so the first iOS 18.4 beta should be coming soon. iOS 18.4 is expected to be a more substantial update for the iPhone, with several new features and changes related to Apple Intelligence and beyond. Apple's website suggests that iOS 18.4 will be released in April, following beta testing. Below, we outline what to expect from the update so far. Apple...
General Apple Invites Feature

Apple Launches New 'Invites' App

Tuesday February 4, 2025 8:00 am PST by
Apple today announced the launch of a new app called "Invites," which is designed to allow users to plan events like birthday parties, graduations, vacations, baby showers, and more. "With Apple Invites, an event comes to life from the moment the invitation is created, and users can share lasting memories even after they get together," said Brent Chiu-Watson, Apple's senior director of...
App Store vs EU Feature 2

Apple Says It Doesn't Approve of EU Porn App

Monday February 3, 2025 1:15 pm PST by
Apple does not approve of the "Hot Tub" pornography app that was released for the iPhone in the EU using alternative app distribution, Apple said in a statement to MacRumors. Further, Apple is concerned about the potential user safety risks with a pornography app, and says that it undermines consumer trust in the Apple ecosystem. We are deeply concerned about the safety risks that hardcore...
maxresdefault

An Apple TV Refresh is Coming in 2025 - Here's What You Should Know

Wednesday February 5, 2025 10:17 am PST by
Apple hasn't refreshed the Apple TV since 2022, but rumors suggest that we're finally going to get an update in 2025. We don't have a full picture of what to expect yet, but we have some hints on what's coming. Subscribe to the MacRumors YouTube channel for more videos. Updated A-Series Chip The current Apple TV 4K uses the A15 Bionic chip that was in the iPhone 13 lineup, and it's time for...
iPhone SE 4 Single Camera Thumb

iPhone SE 4 Launching as Soon as Next Week

Thursday February 6, 2025 3:30 pm PST by
Apple's next-generation iPhone SE could debut as soon as next week with a launch to follow later in February, reports Bloomberg's Mark Gurman. Apple isn't expected to hold an event for the iPhone SE 4, and will instead unveil the device through a press release. The iPhone SE 4 is expected to have an iPhone 14-style design, with Apple eliminating the thick bezels and Touch ID Home button of...
applecare apple care banner

Apple Raises Monthly AppleCare+ Subscription Price for All iPhones

Tuesday February 4, 2025 9:35 am PST by
Apple this week increased the prices for its monthly AppleCare+ subscription prices for the iPhone, raising the cost by 50 cents for all models in the United States. Standard AppleCare+ for the iPhone 16 models is now priced at $10.49 per month, for example, up from the prior $9.99 per month price. The 50 cent price increase applies to all available AppleCare+ plans for Apple's current...
iOS 18

iOS 18.3.1 Update Coming Soon for iPhones

Thursday February 6, 2025 7:31 am PST by
Apple is internally testing iOS 18.3.1 for iPhones, according to our website's analytics logs, which have been a consistently reliable indicator of upcoming iOS versions. The software update should be released within the next few weeks. iOS 18.3.1 should be a minor update that addresses software bugs and/or security vulnerabilities. Apple Intelligence notification summaries for news and...
iCloud General Feature Redux

iPhone Users Who Pay for iCloud Storage Receive an All-New Perk

Thursday February 6, 2025 11:21 am PST by
If you pay for iCloud storage on your iPhone, Apple has a new perk for you, at no additional cost. iCloud+ is the official name for Apple's paid iCloud storage plans, which range from 50GB for $0.99 per month to 12TB for $59.99 per month in the United States. iCloud+ plans already come with multiple perks for free, such as Hide My Email and HomeKit Secure Video, and now there is another one...

Top Rated Comments

oneMadRssn Avatar
116 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
116 months ago
Apple vs Big Brother. Its like a prophecy coming true.
Score: 17 Votes (Like | Disagree)
rdlink Avatar
116 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
116 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
116 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
116 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)