Monthly Archives: February 2016

Matthew Panzarino:

Apple’s reasoning in the brief rests on three pillars. First, that forcing Apple to write code that weakens its devices and the security of its customers constitutes a violation of free speech as protected by the Constitution.

Second, that the burden the FBI is putting on it by requesting that Apple write the software and assist in unlocking the device is too large. Apple argues that it would have to create the new version of iOS, called GovtOS, which requires coding, signing, verification and testing. It would then have to create an FBI forensics laboratory on site at its headquarters and staff it. The burden would then extend to what Apple views is the inevitable onslaught of additional devices that would follow after the precedent was set.

In addition to free speech, Apple argues that the Fifth Amendment’s Due Process clause prohibits the government from compelling Apple to create the new version of iOS. Apple argues that there is no court precedent for forcing a company to create something new, like GovtOS.

“But compelling minimal assistance to surveil or apprehend a criminal (as in most of the cases the government cites), or demanding testimony or production of things that already exist (akin to exercising subpoena power), is vastly different, and significantly less intrusive, than conscripting a private company to create something entirely new and dangerous. There is simply no parallel or precedent for it,” reads the filing.

Maricopa County Attorney’s Office:

Effective immediately, the Maricopa County Attorney’s Office will discontinue providing iPhones as option for replacements or upgrades for existing employees. Maricopa County Attorney Bill Montgomery announced the decision today, first communicated to applicable staff on Sunday, February 21, citing Apple’s recent refusal to cooperate in unlocking an encrypted iPhone used by individuals involved in the recent San Bernardino shootings.

“Apple’s refusal to cooperate with a legitimate law enforcement investigation to unlock a phone used by terrorists puts Apple on the side of terrorists instead of on the side of public safety,” Montgomery said. “Positioning their refusal to cooperate as having anything to do with privacy interests is a corporate PR stunt and ignores the 4th Amendment protections afforded by our Constitution.”

There are currently 564 smartphones deployed throughout the office, 366 of which are iPhones.

This just gets better and better.