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Apple says San Bernardino iPhone case is ‘unprecedented,’ cannot be decided in a vacuum

Apple’s crack legal team, led by Theodore Boutrous, Jr. and Ted Olson, in today’s response (via Christina Warren) reassert many of the same arguments posed in an initial response to the California court order, specifically limitations to the All Writs Act and potential infringement of Apple’s First Amendment rights. The case, Apple says, is not about “one iPhone,” but rather precedent for compelling private companies to hand over customer data at the behest of law enforcement officials.

“It has become crystal clear that this case is not about a ‘modest’ order and a ‘single iPhone,’ as the FBI director himself admitted when testifying before Congress two weeks ago,” the filing reads. “Instead, this case hinges on a contentious policy issue about how society should weigh what law enforcement officials want against the widespread repercussions and serious risks their demands would create.”

Apple references a recent congressional hearing on encryption attended by FBI Director James Comey, Apple’s lead counsel Bruce Sewell and other associated parties. Comey at the hearing said he would “of course” leverage any precedent set in the California case to unlock iPhones in other   Read More

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Posted on March 17, 2016, in #social media, #technology and tagged , , , , , . Bookmark the permalink. Leave a comment.

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