Earlier today we posted a report that presented a long list of Amicus Briefs supporting Apple's position of not complying with a court order to assist the FBI in recovering data on an iPhone once owned by one of the San Bernardino shooters, Syed Rizwan Farook. On the flipside, we noted an Amicus Curiae brief filed by one of the fathers who lost a son during the terrorist attack in San Bernardino. We've since learned that three law enforcement groups stated in a court filing yesterday that "Some criminals have switched to new iPhones as their 'device of choice' to commit wrongdoing due to strong encryption Apple has placed on their products."
Reuters reports that "The groups told a judge overseeing Apple's battle with the U.S. Department of Justice on Thursday that, among other things, they were aware of 'numerous instances' in which criminals who previously used so-called throwaway burner phones have now switched to iPhones." However, the report added that "They did not list a specific instance of this practice."
The brief by the Federal Law Enforcement Officers Association and two others did however cite that "a jailhouse phone call intercepted by New York authorities in 2015, in which the inmate called Apple's encrypted operating system 'another gift from God.'"
On February 26, Apple filed their legal motion wherein they noted that "The All Writs Act, first enacted in 1789 and on which the government bases its entire case, "does not give the district court a roving commission" to conscript and commandeer Apple in this manner." A day earlier in another court filing Apple stated that being forced to write a new set of code reflecting the government's opinion of privacy (not the company's) constitutes a violation of its rights against compelled speech and viewpoint discrimination.
To date, Apple has presented a series of detailed responses to the court as to why they should not be compelled to assist the FBI whereas the government's case seems to be appealing to emotion and clinging on to the outdated use of the 'The All Writs Act' of 1789.
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