Cybersecurity & Standards, Government Surveillance
Apple’s Strongest Legal Defenses Against the FBI
Motherboard:
Publicly, Apple and the FBI continue to spar over a government order requiring Apple to write software that would make it possible for the FBI to “brute force” its way into the locked iPhone belonging to one of the terrorists who killed 14 people in San Bernardino, California in December.
Privately, Apple’s lawyers are surely working overtime preparing a response to the order, outlining the company’s strongest legal defense, which is due Friday.
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Motherboard has no inside knowledge of Apple’s legal machinations, but a survey of case law, the company’s public statements, previous legal filings by Apple, and interviews with tech-minded legal scholars give us an idea of the arguments the company might raise.
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“A lot of these court actions have taken place under the veil of secrecy,” [Lisa Hayes, vice president of programs and strategy at the Center for Democracy and Technology] said. “I think this is a really good test case for that reason—it’s a publicly filed case.”
