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Apple cites the first and fifth amendments in filing that requests dismissal of Court Order

Posted: , by Alan F.

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Apple cites the first and fifth amendments in filing that requests dismissal of Court Order
Today, Apple filed a motion with U.S. Magistrate Judge Sheri Pym, asking the court to vacate the order compelling Apple to hand over certain information to the government. The information is believed to be stored inside an Apple iPhone 5c used by deceased terrorist Syed Farook. Apple says that it provided other information to the government on December 6th (just four days after the attack that killed 14), December 16th and January 22nd.

Apple says that software to extract the information requested by the government does not exist, and Apple would have to build a 'Government OS' or GovtOS that would allow it to unlock Farook's iPhone. The company says that the government's demand violates its first amendment rights against compelled speech and viewpoint discrimination. It adds that it is being compelled to write software that undermines its values.

And by forcing Apple to develop software that breaks through the "security mechanism" of its own products, Apple claims that its "fifth amendment rights to be free from arbitrary deprivation of its liberties" are being violated.

Apple also argues that expanding the use of the All Writs Act to force Apple to create a version of iOS that weakens its security, is a "gross expansion" of the Act, and is counter to the Constitution. The Act allows U.S. courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."  The government has used the All Writs Act before to request that Apple extract information from an Apple iPhone 5c in reference to another criminal case.

Later this afternoon, it was announced that Google and Facebook will be filing a joint amicus brief on behalf of Apple. Microsoft will be filing such a brief as well, although it is unknown whether its brief will be part of the one written by Google and Facebook.

Melanie Newman, a Justice Department spokeswomen, says that its lawyers "are reviewing Apple’s filing and will respond appropriately in court."

source: USAToday, TechCrunch

32 Comments
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posted on 25 Feb 2016, 19:42 3

1. S.R.K. (banned) (Posts: 678; Member since: 11 Feb 2016)


Microsoft and Google is siding them. Looks like Apple has bribed them by millions..... Wth would Google help thier enemy?

posted on 25 Feb 2016, 20:00 15

3. greyarea (Posts: 176; Member since: 14 Aug 2015)


Clearly it had to have been bribes. There can't be any reason other than bribes because I don't know of it. /s
How much do you think it takes to bribe the other richest tech companies to get into the public spotlight on your behalf? Granted apple has money out the butt, not sure if they have microsoft, google, facebook bribe money though. I think we can at least agree the $ figures would have to be outrageous.
The reason google is helping them is along the same lines people have been explaining to you over and over. This wouldn't stop with apple. It's always been more about encryption and law, apple's just first to bat.

posted on 25 Feb 2016, 23:58

17. Good-Is-Better (Posts: 81; Member since: 12 Nov 2015)


I cannot believe that Apple cannot Open that phone. This is just some mafia like others. Supposed this said iPhones had some secrets that if Apple unlock it, they can double the billions they already have in their account, I believe it will not take them 2 minutes to unlock the phone without posing any risk to encryption or what ever they call it. All this is bulls**t. I believe Apple has something else they are hiding. Maybe handing over the information inside this particular iPhone will leak some involvement of Apple in terrorism.

Or again take for instance that this particular phone had a virus that could attack Apple's business and reduce their market shares, would Apple says unlocking it would pose some insecurity to other iphone users? Hahaha, the world and it mafias.

posted on 26 Feb 2016, 05:43 2

22. S.R.K. (banned) (Posts: 678; Member since: 11 Feb 2016)


No wonder they don't want to unlock it. Apple is getting heavily funded by terrorism.

It's time for the public around the world to realise that Apple is bad.

posted on 25 Feb 2016, 21:40

11. engineer-1701d (unregistered)


How the hell do you think phyllon anything to do with him in this is gonna help them in a national security issue? On a device that is owned by A government branch

posted on 26 Feb 2016, 06:46

26. Marienx (Posts: 65; Member since: 27 Aug 2013)


Firts of all, they are not their enemy... Second, you have to a least be a little developed up there to understand that this can definitely hurt Google in the long run since it is a matter that will not only involve Apple but after Apple is forced to develop this "back door" and does it, what can stop them from forcing Google to create it?

posted on 25 Feb 2016, 19:43 12

2. jellmoo (Posts: 1598; Member since: 31 Oct 2011)


Damn right Apple! Nice to Facebook, Google and Microsoft standing with them. This one needs to be fought as a team, regardless of platforms or preferences.

posted on 25 Feb 2016, 20:15 2

4. S.R.K. (banned) (Posts: 678; Member since: 11 Feb 2016)


Apple is eventually doomed. Yes, the most valuable company on the planet will slowly fade into stagnant mediocrity. It will be replaced by something that they will not predict and they will not see coming. This horrifically efficient culling is a fact of life in technology because it is an industry populated by a demographic intent not on building a better mousetrap, but who avidly ask, “Why the hell do we need mousetraps?”

Apple’s doom will start quietly and I doubt anyone can predict how it will actually begin. It will be historians who, decades from now, will easily pin its demise to a single event that will appear obvious given years of quantifiable insight. And it will only be “obvious” because the real details will have been twisted, clouded, or forgotten entirely, so it will all seem clearer, faster, and simpler. Their explanation will start with the passing of Steve Jobs, and they will draw a clear line to a subsequent event of significance and will say, “Here. This is it. This is when it began.”

Apple will be doomed and demised. Lol.

posted on 25 Feb 2016, 20:21

5. TechieXP1969 (Posts: 10138; Member since: 25 Sep 2013)


Amazing how there are fools everest who say I hate Apple? Where are you when a post comes that a tally shows hate of Apple?

DARK, MXY, NC TX and the rest of the peanuts gang?!

posted on 25 Feb 2016, 20:24 1

6. S.R.K. (banned) (Posts: 678; Member since: 11 Feb 2016)


You forgot Kumar123, Lodine, Cnour, Ninety-six.
RoTfLmFaO +1 Techie.

posted on 25 Feb 2016, 20:27

7. S.R.K. (banned) (Posts: 678; Member since: 11 Feb 2016)


Wait Techie, you also forgot Jimrod, Bucky, and misterCarter. Lmfao.

posted on 25 Feb 2016, 20:28 7

8. jellmoo (Posts: 1598; Member since: 31 Oct 2011)


Not only does this bizarre rant have nothing to do with the topic at hand, but I don't particularly care one way or the other.

I am very supportive of Apple in this endeavor of standing up for privacy and the rights of users. I have no feelings one way or the other in regards to their products.

posted on 25 Feb 2016, 20:43 2

9. S.R.K. (banned) (Posts: 678; Member since: 11 Feb 2016)


You have no feelings for you're fellow USA citizens, but rather your privacy. If this was one ov your family, Dam you wouldn't never said that.

posted on 25 Feb 2016, 21:43 2

12. jellmoo (Posts: 1598; Member since: 31 Oct 2011)


Well, for starters, I'm not a citizen of the USA... But I digress...

posted on 25 Feb 2016, 22:20 1

13. sissy246 (Posts: 1055; Member since: 04 Mar 2015)


No they don't.
Every last one of them would be feeling different had of been one of their family members. That can say they wouldn't but I bet they would.

posted on 25 Feb 2016, 22:26 5

14. Rydsmith (Posts: 532; Member since: 20 Jun 2012)


Once your argument becomes "well if it was your family, you would be different" you have lost the conversation/debate. You are now talking about pain points was you are no longer discussing or talking on an intellectual level but instead trying to tap into emotions. This isn't about emotions or "what would you do" but a matter of law and principle.

Once a backdoor is installed (which is what they are asking, they want an version of iOS that doesn't have the 10 tries to wipe and can be installed or used to access data without the fail safe tripping) there is no telling who or what can take advantage of this. We have already seen the damage with Xcode and an unauthorized version of it.

Speaking of "if it was your family member":

http://appleinsider.com/articles/16/02/22/mother-of-san-bernardino-victim-backs-apple-says-right-to-privacy-makes-america-great

http://nypost.com/2016/02/18/mom-of-san-bernardino-victim-siding-with-apple-in-privacy-fight/

posted on 25 Feb 2016, 23:09 1

15. RoboticEngi (Posts: 722; Member since: 03 Dec 2014)


So you back up your standpoint with two articles about emotions.....that's not very intellectual by your standards. So 1 out how many close to the victims want privacy over they own child's life? Have you asked relatives from 9/11, Paris, London or maybe some of the machete slaughtered victims from boku haram? And it doesn't stop just with terrorists, it will also be about all criminal activities. Well I don't care that much about what happens in the US. In my country they would have been forced by now....

posted on 26 Feb 2016, 05:47

23. S.R.K. (banned) (Posts: 678; Member since: 11 Feb 2016)


Looks like again her mouth was shut by ransom and bribery. Wth would take cash to shut thier mouth up. Greedy parents or the parents who does not give a fk about thier kids and family. Lowlifes.

posted on 25 Feb 2016, 23:43

16. Inotamira (Posts: 173; Member since: 06 Feb 2016)


I am in the US (not that, that matters) and even if this was my family, I'd still side with the privacy of billions/millions because my head isn't stuck up my own pucker.

posted on 26 Feb 2016, 00:23 2

18. RoboticEngi (Posts: 722; Member since: 03 Dec 2014)


Ofcourse it matters. Only Americans put privacy and guns over lives......

posted on 26 Feb 2016, 00:32 2

19. Inotamira (Posts: 173; Member since: 06 Feb 2016)


You're misunderstanding, it's lives that I am putting up with privacy, ever hear of china?

posted on 26 Feb 2016, 16:42

29. RoboticEngi (Posts: 722; Member since: 03 Dec 2014)


Omg so you are simplifying China to be about privacy? Nothing else? Like the politics they run?

posted on 26 Feb 2016, 23:32

32. Inotamira (Posts: 173; Member since: 06 Feb 2016)


No, infact the violate their citizens privacy on a regular basis and have regular executions, letting this happen would only make that worse....because china, one way or another, would get a hold of that software

posted on 26 Feb 2016, 11:07

27. ztkells (Posts: 18; Member since: 26 Jan 2011)


Because our privacy and freedom is what our beloved country is based on. This is a complete violation by our government. If this passes, I'm no longer using my government tracker, I mean cell phone.

posted on 26 Feb 2016, 16:48

30. RoboticEngi (Posts: 722; Member since: 03 Dec 2014)


Yup and look what all those guns brought you...And that freedom....I thought you build that on slavery and tyrant foreign policy......Well at least you don't have homeless people or crime, because you care for others.....well at least their privacy, just before they get shot in the head.....And of course you will be using your phone. This is just another PR stunt by Apple and the s**t storm against the US government will cool of, and you and all your fellows will care s**t about it again.....

posted on 25 Feb 2016, 21:24 2

10. Arch_Fiend (Posts: 2513; Member since: 03 Oct 2015)


You have a very active imagination lol.

posted on 26 Feb 2016, 04:54

21. Inotamira (Posts: 173; Member since: 06 Feb 2016)


The ponies are chargin' capin' what shall we do!?

posted on 26 Feb 2016, 04:24 2

20. TheGranter (Posts: 51; Member since: 28 Jan 2016)


I dislike apple products because of price and i dislike the people that buy apple productds because most of them are kind of idiots with tech, like they are the low tier of society.

But wha apple is doing here is right, FBI already got what they wanted, i can not see it being healthy that a govevrment could get access to any if not all devices apple has produced. That would be complete bullshit.

posted on 26 Feb 2016, 05:48

24. S.R.K. (banned) (Posts: 678; Member since: 11 Feb 2016)


Smart guy
+1

posted on 26 Feb 2016, 05:50

25. S.R.K. (banned) (Posts: 678; Member since: 11 Feb 2016)


The government wants Apple bolished, Beca6they are getting funded also terrorist all use Apple.

Banned Apple like Donald trump said.

posted on 26 Feb 2016, 11:15

28. ztkells (Posts: 18; Member since: 26 Jan 2011)


How anybody could not be against the FBI and their stance, bothers me completely. Why not just open up your house door and let them come in without just cause and let them go through all your financials, your pictures, your entire life. Can nobody see that this is exactly what's happening

posted on 26 Feb 2016, 16:50

31. RoboticEngi (Posts: 722; Member since: 03 Dec 2014)


But they have a cause. The phone was owned by a freaking terrorist who killed 14 people.....

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