The F.B.I. wants Apple to
help unlock an encrypted iPhone used by one of the two attackers who killed 14 people
in the San Bernardino, Calif., mass shooting in December.
Specifically, the bureau wants Apple to create
software that would help it override a security system on the phone designed to
erase its contents after 10 unsuccessful tries to enter its password.
Apple is resisting for several reasons. First,
it argues that the government is trying to force it to create software that
does not exist. What is more, the company says writing that software would
amount to hacking its own technology.
Apple claims this would create a security risk
for all iPhone customers, especially because other government agencies in the
United States and abroad could then demand Apple’s assistance in other cases.
In a court filing, Apple disclosed
that there were nine other cases in which the Justice
Department has asked for its help unlocking phones.
The F.B.I., for its part, says that Apple is
overstating the issue, since the bureau is asking for the company’s help
breaking into only one phone, not phones all over the world.
The technology industry and the government
have been wrangling for
years over the growing use of encryption in communication tools that
make it much harder for law enforcement and spy agencies to gather information
in investigations.
That fight took on new urgency in 2013 after
documents leaked by the former government contractor Edward J. Snowden revealed
extensive government spying on Internet traffic.
What’s the latest?
On Feb. 16, a federal judge issued
an order compelling Apple to assist the F.B.I. and gave the company until Feb.
26 to respond.
Apple’s chief executive, Timothy
D. Cook, wrote a letter to
customerswarning of the “chilling” breach of privacy sought by the
government and vowed to appeal. The F.B.I. shot back, calling Apple’s position
a “marketing strategy.”
On Thursday, Apple filed a
formal response to the court order, asking the judge to vacate
it. The company said that the order violated its First Amendment and Fifth
Amendment rights and exceeded the powers granted to the government in the All
Writs Act, the 1789 law that the court had used to compel Apple’s assistance.
Apple argues that software code can be treated
as speech under the First Amendment, and that the court order violated due
process because it deprives the company of its right to be free from “arbitrary
deprivation” of its liberty by government.
What happens now?
The court will consider Apple’s request. Facebook, Microsoft, Twitter and Google plan
to file one or more briefs next week supporting Apple’s position.
Both the F.B.I. and Apple say they want
Congress to weigh in. On Tuesday, the House Judiciary Committee will hold a
hearing on encryption issues. The F.B.I. director, James B. Comey Jr., and
Apple’s top lawyer are among those scheduled to testify.
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