Justice Department files "hostile" response to Apple's last brief

Justice Department files
Hoping that the third time will be the charm, the U.S. Department of Justice today filed its third brief with the U.S. District Court for the Central District of California, trying to get Apple to comply with a Court Order. The latest filing responds to some of the reasons Apple has given for not following with the Order to unlock the Apple iPhone 5c used by deceased terrorist Syed Farook. Apple says that to retrieve information from inside the device, it will have to develop a unique OS that it dubs "Govt. OS. Apple says that if it were to build such an OS and it gets into the wrong hands, every iPhone user in the world will be at risk of having any secure information stored in the handset, stolen.

The government writes that there is no reason to believe that the code for Govt. OS "will ever leave Apple’s possession. Nothing in the Order requires Apple to provide that code to the government or to explain to the government how it works. Far from being a master key, the software simply disarms a booby trap affixed to one door."

The filing also refutes Apple's claim that it could have backed up data to iCloud via a Wi-Fi network to give the DOJ what it wants, had the government not changed the Apple iCloud password belonging to the device. The new DOJ filing says that it was Farook himself who had made the change to the password three days after the final back up was completed. The FBI also said that when it received the phone, it was powered down which would have made it impossible to connect to Wi-Fi before punching in the passcode.


Apple general counsel Bruce Sewell called the filing hostile, adding that "I don't think I've ever seen a legal brief more intended to smear the other side." Talking to the media, Sewell added "To do this in a brief just shows the desperation that the Department of Justice is now feeling."

Both sides will present their arguments before the judge on March 22nd, the day after Apple is holding a media event. During that event, we should see the company unveil the 4-inch Apple iPhone SE, the 9.7-inch iPad Pro and a refreshed Apple Watch.

For those who like to dress up and play attorney, the government's brief can be read below.

   Government Response to Apple Motion by Jordan Golson



source: Scribd via TheVerge, BGR

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16 Comments

1. jellmoo

Posts: 2530; Member since: Oct 31, 2011

Wow, what a load of tripe. Keep strong Apple. You're the good guys here.

2. joeytaylor

Posts: 957; Member since: Feb 28, 2015

"Here, Apple deliberately raised technological barriers that now stand between a lawful warrant and iPhone containing evidence related to the terrorist mass murder of 14 Americans,'' the government argued. "Apple can be compelled to give aid. That is no lawless tyranny. Rather, it is ordered liberty vindicating the rule of law.'' "Ordered liberty"....really Orwellian there people.....I don't even know how the Government could udder those words

3. joeytaylor

Posts: 957; Member since: Feb 28, 2015

*utter

4. Pattyface

Posts: 1658; Member since: Aug 20, 2014

Simply put... The government asking like a big baby when it doesn't get its way. Maybe stomp your foot a little louder. Apple don't give into this horses**t excuse

6. cripton805

Posts: 1485; Member since: Mar 18, 2012

Guess who isn't supporting Apple (This guy) Now, we know whos side Apple is on. Its all a marketing scheme. They dont care. They just want the money. Teorrists can feel safe that their privacy is being protected by Apple.

15. greyarea

Posts: 267; Member since: Aug 14, 2015

This is hardly the first time terrorists have taken advantage of encryption, it's certainly not the last. My hope from how much publicity this case is getting is that some people will learn a bit about encryption and the legal system going forward. Encryption will only get better and just the like the internet will be used for both good and bad purposes. Get used to it.

10. Chuck007

Posts: 1409; Member since: Mar 02, 2014

When America have gone from a nation of dignity, liberty and respect to one that is transitioning to nothing short of being a totalitarian Communist state... sad years ahead for everyone folks.

12. Micah007

Posts: 266; Member since: Oct 09, 2014

I'll be sure to quote you years from now when that scenario for the umpteenth time has never come to pass.

14. joeytaylor

Posts: 957; Member since: Feb 28, 2015

But it happens a lil every year

16. joeytaylor

Posts: 957; Member since: Feb 28, 2015

Bamboo torture

17. willard12 unregistered

That's a lot of great rhetoric and the internet conspiracy theorists will surely applaud you. But the article is about an agency going to a judge to obtain a court order to execute a search. That's pretty much the way things have operated since 1785. It probably happened 1000 times yesterday and 1000 times the day before that. A totalitarian state agent does not ask a judge for permission to look into the phone of a terrorist. I hope the fact that Apple is involved in this case is what is causing the exaggerations. But, the fact is, suspects get searched. They always have, they always will. The only difference is compelling Apple to act. That has to do with Apple's rights, not yours.

30. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

You mean the United States of America? The same country founded by puritanical religious zealots which became a nation of rich, slave-owning, white guys who decided they no longer wanted to pay taxes so they could be even more rich? The same America that nearly wiped out the indigenous peoples they found were there before them? The same America where signs like "whites only", or " no blacks/Chinese/Irish" were commonplace? The same America where only recently women and black people were even allowed to vote, and where there is even still a disparity in average wages and occupational opportunities? The truth is that the US has only just started becoming culturally/socially respectable in the past few decades, say... Since the 60's. Ha! Dignity, liberty, and respect?! My ass!

26. xfire99

Posts: 1205; Member since: Mar 14, 2012

1st point agree: "The government writes that there is no reason to believe that the code for Govt. OS "will ever leave Apple’s possession. Nothing in the Order requires Apple to provide that code to the government or to explain to the government how it works." 2nd: "The new DOJ filing says that it was Farook himself who had made the change to the password three days after the final back up was completed." Bulls**t! First they blaimed Health Dep. of SB that made the password change and now they say Farook himself.

29. RoboticEngi

Posts: 1251; Member since: Dec 03, 2014

So when government writes a letter, they are hostile. When apple does it, it is fighting for people's rights and freedom......omfg apple every day I read articles about you, you make me sick....there is no company in the universe that is more hypocritical than you....

31. MrElectrifyer

Posts: 3960; Member since: Oct 21, 2014

"The new DOJ filing says that it was Farook himself who had made the change to the password three days after the final back up was completed." Haha, now they're blatantly lying through their teeth. Despite the Health Dep. of SB confirming that the account password was changed on the FBI's order, they go ahead and make this stupid BS claim. The more I read from the FBI, the more I believe this to be yet another 9/11 staging by the most corrupt government on the planet, in an attempt to get what they so desire.

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