Legal Technology News

Apple Fights for Their Constitutional Rights
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

iphone password

Summary: Using a First Amendment and All Writs Act argument, Apple is fighting back against the government’s attempts to force the company to create software to break into password protected devices.

Apple Inc. is not backing down after a judge ordered the technology giant to assist federal agents with the San Bernardino investigation. Apple filed papers in a Riverside federal court claiming the federal government is taking away their First and Fifth Amendment rights. The company has been ordered to create software to break the encryption on a iPhone belonging to one of the San Bernardino attackers.

  
What
Where


San Bernardino Shooters’ Family Lawyered Up

Apple believes the judge is not only overstepping her authority but also violating their constitutional rights. Obeying the order could leave all iPhone users vulnerable to “hackers, identity thieves and unwarranted government surveillance” due to weakened privacy.

Why Is Apple Refusing to Unlock the San Bernardino Shooter’s Phone?

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The motion read: “This is not a case about one isolated iPhone. Rather, 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.”

Apple’s argument for the First Amendment is based on their view that writing the software is like speech. They also argue that the law does not require an innocent third party to “provide decryption services to the FBI.” The government has complained several times about not being able to examine encrypted devices for evidence in other cases so Apple is fearful that the government is trying to find a way to change this by using the San Bernardino case as a cover.



Apple’s motion explained this, “As news of this Court’s order broke last week, state and local officials publicly declared their intent to use the proposed operating system to open hundreds of other seized devices – in cases having nothing to do with terrorism. 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. Once the floodgates open, they cannot be closed.”

Source: http://www.latimes.com/business/technology/la-me-ln-apple-says-fbi-demand-violates-its-constitutional-rights-20160225-story.html

Photo: idownloadblog.com



 

RELEVANT JOBS

Family Law Attorney - Starting at $100,000 (DOE) + Bonuses & Perks - KEY ROLE - REMOTE

USA-CA-Tarzana

Are you passionate about fighting and advocating for your clients? Do you have vision and talent ...

Apply now

Paralegal

USA-NJ-Cedar Knolls

Defense lawfirm seeking full time paralegal with medical malpractice experience.  Some tasks in...

Apply now

Real Estate Paralegal

USA-NY-New York City

Golenbock Eiseman Assor Bell & Peskoe LLP is a midsize law firm in New York City actively seeking an...

Apply now

Mid/Senior Level Associate for IP Litigation Boutique

USA-NY-New York City

Lewis & Lin LLC, a small Internet Law and IP Boutique located in Brooklyn, NY seeks mid- to senior-l...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Corporate Associate Attorney

USA-PA-Philadelphia

Philadelphia office of a BCG Attorney Search Top Ranked Law Firm seeks corporate associate attorney ...

Apply Now

Corporate Associate Attorney

USA-PA-King of Prussia

King of Prussia office of a BCG Attorney Search Top Ranked Law Firm seeks corporate associate attorn...

Apply Now

Family Law Attorney

USA-CO-Denver

Denver office of our client seeks family law attorney with 5+ years of experience. The candidate wil...

Apply Now

SEARCH IN ARCHIVE

To Top