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

carplay next gen hero

RIP, CarPlay 2?

Sunday December 29, 2024 7:32 am PST by
Apple's website continues to state that the first vehicle models with next-generation CarPlay will "arrive in 2024." With less than three days remaining in the year, however, that timeframe is looking more and more unlikely. It would not be entirely Apple's fault if the stated 2024 target is missed, given that it is ultimately up to automakers to roll out the software in vehicles, but it is...
Apple Intelligence General Feature 2

Five Apple Intelligence Features Coming in 2025

Friday December 27, 2024 2:43 pm PST by
Even though iOS 18.1 and iOS 18.2 added multiple Apple Intelligence features like Image Playground, Genmoji, Writing Tools, and more, there are still new Apple Intelligence capabilities that we're waiting on. Apple has at least one more major Apple Intelligence update coming in 2025, and the functionality that we're expecting is outlined below. Priority Notifications Notification summaries...
apple tv plus teaser

Apple Teases Apple TV+ Surprise on January 4 and 5

Thursday December 26, 2024 10:35 am PST by
Apple this week began teasing some kind of upcoming Apple TV+ surprise that's set to happen on January 4 and January 5, telling customers to "stay tuned" and "save the date" in social media posts. Apple's images have a tagline that says "See for yourself," but it isn't clear what Apple has planned. Some users on Reddit have speculated that Apple might be planning to launch a promotion that...
New Things Your iPhone Can Do in iOS 18

22 New Things Your iPhone Can Do in iOS 18.2

Monday December 23, 2024 6:30 am PST by
Apple released iOS 18.2 in the second week of December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. Apple has added a handful of new non-AI related feature controls as...
Sudoku Apple News iOS 18

iOS 18.2 Added a New Game to Your iPhone

Saturday December 28, 2024 12:03 pm PST by
Starting with iOS 18.2, released earlier this month, Apple News+ subscribers in the U.S. have access to daily sudoku puzzles in the Apple News app. There are easy, moderate, and challenging difficulty levels for the daily puzzles. A scoreboard tracks your sudoku stats, including your total number of puzzles solved, fastest completion times per difficulty level, and more. Sudoku is the...
AirTag and Lavender iPhone

AirTag 2 Launching Next Year With These New Features

Tuesday December 24, 2024 8:35 am PST by
Apple is expected to release an AirTag 2 next year, and a few new features and changes have already been rumored for the item tracker. Below, we recap what to expect from the AirTag 2: The new AirTag is expected to be equipped with Apple's second-generation Ultra Wideband chip for longer range. The chip debuted last year in the iPhone 15 and the Apple Watch Ultra 2, and Apple said it...
Generic iOS 19 Feature Mock Light

iOS 19 Rumored to Be Compatible With These iPhones

Sunday December 22, 2024 8:09 am PST by
iOS 19 will not drop support for any iPhone models, according to French website iPhoneSoft.fr. The report cites a source within Apple. The report said that iOS 19 will be compatible with any iPhone that is capable of running iOS 18, which would mean the following models: iPhone 16 iPhone 16 Plus iPhone 16 Pro iPhone 16 Pro Max iPhone 15 iPhone 15 Plus iPhone 15 Pro ...
airpods pro 2 gradient

AirPods Pro 3 Expected Next Year: Here's What We Know

Monday December 23, 2024 4:18 am PST by
Despite being released over two years ago, Apple's AirPods Pro 2 continue to dominate the wireless earbud market. However, with the AirPods Pro 3 expected to launch sometime in 2025, anyone thinking of buying Apple's premium earbuds may be wondering if the next generation is worth holding out for. Apart from their audio and noise-canceling performance, which are generally regarded as...

Top Rated Comments

oneMadRssn Avatar
115 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
115 months ago
Apple vs Big Brother. Its like a prophecy coming true.
Score: 17 Votes (Like | Disagree)
rdlink Avatar
115 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
115 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
115 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
115 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)