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ACLU, other pro-privacy groups submit amicus briefs in support of Apple in encryption debate

The American Civil Liberties Union and two smaller pro-privacy organizations, Access Now and Wickr Foundation, have reportedly submitted amicus briefs supporting Apple in its refusal to help unlock the iPhone of San Bernardino shooter Syed Farook.

"Law enforcement may not commandeer innocent third parties into becoming its undercover agents, its spies, or its hackers," the ACLU said in a draft of its brief, according to Reuters. This would subvert both the privacy and security of Americans, the organization argued, echoing views expressed by Apple.

Access Now and Wickr Foundation filed a joint brief, warning that protection from data intrusion can be vital in some parts of the world.

"In some countries reliable security tools such as encryption can be the difference between life and death," the groups said. "The relief sought by the government endangers people globally who depend on robust digital security for their physical safety and wellbeing."

Major tech firms Google, Facebook, Microsoft, and Twitter are eventually expected to file their own amicus briefs. Salihin Kondoker, the husband of a San Bernardino survivor, filed his own amicus on Monday, suggesting that Farook's phone is unlikely to have any valuable data.

The FBI has asked that Apple build a tool to circumvent the passcode limit on Farook's phone, since the device is set to auto-erase its contents once that limit is hit. Apple has repeatedly claimed that this would undermine the security of all iOS devices, particularly since it would set a legal precedent in the U.S. and abroad.

On March 22, Magistrate Judge Sheri Pym is due to review her court order asking Apple to help the FBI. Apple is looking to vacate the order, and has contended that the U.S. Congress should decide if a company can be made to break security, not courts.



14 Comments

knowitall 11 Years · 1648 comments

Well argued, that looks like an important contribution.

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jungmark 13 Years · 6927 comments

Exactly. If the FBI wants in, let them try. Don't force private entities to hack its own users. 

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jfc1138 12 Years · 3090 comments

jungmark said:
Exactly. If the FBI wants in, let them try. Don't force private entities to hack its own users. 

The lack of applicability of the All Writs Act to these circumstances is exactly what Judge Orenstein ruled very energetically about in his recent rejection of a similar DoJ request of Apple in a Brooklyn drug case.

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Kafantaris2 8 Years · 3 comments

Apple read the tea leaves wrong. It really doesn't want Congress to decide privacy over security issues. Neither do its customers. 

tmay 11 Years · 6456 comments

Apple read the tea leaves wrong. It really doesn't want Congress to decide privacy over security issues. Neither do its customers. 

Actually, Apple wants Congress to be involved as it will end up with Congress to solve it anyway. It won't necessarily win the day, but it will at least get a fair hearing on it, based on what we have seen so far.