Apple has filed a new court brief in its ongoing encryption feud with the FBI, reiterating its arguments against assisting law enforcement in unlocking an iPhone used by one of the San Bernardino shooters. The filing argues that the FBI is seeking to “rewrite history” with its interpretation of the All Writs Act. Going further, Apple urges the court to consider the broader context of the case:
Furthermore, the Justice Department and FBI argue that this Court must decide the issue in a vacuum, without regard to either the swirling national debate about mandating a back door or the dangers to the security and privacy of millions of citizens posed by the relief they seek on behalf of the United States. But to determine whether this is an issue capable of judicial resolution under the All Writs Act and the Constitution, the Court not only can consider this broader context, it must do so. Indeed, the Justice Department and FBI are asking this Court to adopt their position even though numerous current and former national security and intelligence officials flatly disagree with them.
Today’s filing is a formal response to a government filing from last week that ratcheted up the criticism of Apple’s arguments, calling the company’s rhetoric “corrosive” and “false.” Prior to today’s filing, Apple legal chief Bruce Sewell called the FBI’s characterizations “an effort to vilify Apple.”
Apple and the FBI are scheduled to argue their cases before a judge on March 22.
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