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Apple Files Motion to Reverse Court Order

Tags: apple motion

In response to the US government request that Apple create special software to access a locked iPhone 5c, the company filed a motion on Thursday to reverse the court order, stating that the dispute isn’t about one isolated case, but the “dangerous power” that could be given to the Department of Justice and the FBI.

“This case is about the Department of Justice and the FBI seeking through the courts a dangerous power that Congress and the American people have withheld: the ability to force companies like Apple to undermine the basic security and privacy interests of hundreds of millions of individuals around the globe,” the motion reads.

After filing the motion, Apple held a conference call with the press, dubbing the software the FBI wants Apple to create “GovtOS.” The company said that this new operating system, which would be void of specific security features currently offered on the iOS platform, could be used on “hundreds” of iPhones that law enforcement agencies have collected from suspected criminals.

Apple reportedly plans to argue its point in court based on the First and Fifth amendments. On the First Amendment front, forcing Apple to create GovtOS would violate its right to free speech and expression, which in this case is defined by the code that provides encryption on the iPhone and in turn represents the company’s corporate values. As for the Fifth Amendment, Apple would be denied its right to liberty and property. How? By “undermining the security mechanisms of its own products,” according to Business Insider.

“If this order is permitted to stand, it will only be a matter of days before some other prosecutor, in some other important case, before some other judge, seeks a similar order using this case as precedent,” the motion adds. “Once the floodgates open, they cannot be closed, and the device security that Apple has worked so tirelessly to achieve will be unwound without so much as a congressional vote.”

Apple’s motion arrives after FBI Director James Comey said that his agency isn’t trying to set a precedent in order to gain entry to encrypted devices. He told a House panel on Thursday that the code Apple will write will be for the specific iPhone 5c used by deceased San Bernardino terror suspect Syed Farook. Comey said that the idea of this tool getting out into the wild and working on another iPhone “is not a real thing.” He also said that the code would remain in Apple’s hands.

“They were very helpful, by the way," Comey said, referring to Apple. "I want to be sure people understand there are no demons in this dispute or the larger dispute (about encryption). Apple has been very cooperative. We just got to a place where they were not willing to offer the relief that the government was asking for."

Apple’s motion states that it would be forced to create a forensics lab at its main HQ in Cupertino, California, so that the government could use GovtOS, seemingly backing up Comey’s statement earlier today. In addition to setting up the lab, Apple would also need dedicated employees to work on the project, and that the project could take as long as four weeks. Apple believes it shouldn’t have to endure this kind of burden.

Apple also believes that the question of forcing companies to create back doors in their operating systems to assist law enforcement isn’t a legal one, but one that requires political dialogue. The company is also concerned that if it's forced to create GovtOS, the next step could be that the government could force Apple to turn on the microphone, track the user, or turn on the video camera in the name of government surveillance.

Finally, a spokeswoman for the Justice Department told USA Today on Thursday that its attorneys are currently reviewing Apple’s new motion, and will respond “appropriately” in court.



From maximumpc


This post first appeared on Blog Not Found, please read the originial post: here

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Apple Files Motion to Reverse Court Order

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