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Michael B Devine
655 Goodpasture Island Road #5
Eugene, Oregon 97401
(206) 948-4742

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Amicus Curiae
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CENTRAL DISTRICT OF CALIFORNIA
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EASTERN DIVISION
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IN THE MATTER OF THE SEARCH OF
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AN APPLE IPHONE SEIZED DURING
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THE EXECUTION OF A SEARCH
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WARRANT ON A BLACK LEXUS
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IS300, CALIFORNIA LICENSE PLATE
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35KGD203
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ED No. CM 16-10 (SP)

BRIEF OF AMICUS CURIAE
PRIVACY ADVOCATE, INTERNET
TECHNOLOGY EXPERT, AND CONCERNED
CITIZEN IN OPPOSITION
TO APPLE INC.S MOTION TO
VACATE ORDER COMPELLING
APPLE INC. TO ASSIST AGENTS
IN SEARCH

Hearing:
Date: March 22, 2016
Time: 1:00 p.m.
Place: Courtroom 3 or 4
Judge: Hon. Sheri Pym

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Introduction, Argument, and Conclusion

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As a concerned citizen, privacy advocate, and Internet technology

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expert, I am writing as amicus curiae in opposition to Apples Motion to

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Vacate Order to Compel. Apples position in the marketplace regarding

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customer privacy rights differs critically from the misleading position Apple

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Brief of Amicus Curiae in Opposition to Apple

is presenting to the Court in this matter. As such Apples Motion should be

rejected as disingenuous and misleading.

It is profoundly misleading of Apple to argue in this Court in support

of customer privacy while at the same time Apples own privacy policy allows

Apple to use for any purpose virtually all of the data its customers have

on their Apple devices, and in the Apple cloud, including most of the kinds

of the data the Government is seeking this case. From Apples Privacy Policy:

We may collect, use, transfer, and disclose non-personal information for any

purpose. [1] Note non-personal information includes all but the most

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specific kind of information, excluding only such details as those contained

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in, say, a government identification card. Non-personal information

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includes, for example, outgoing and incoming call lists, text messages,

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photographs, GPS logs, browser logs, and virtually all the kinds of

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information the Government is seeking to recover in this case. Apple believes

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it has the right to use this information for any purpose, and share it with

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anyone at any time without the customer having any ability to challenge this.

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How, then, can Apple claim it is bound to respect customer privacy in the

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face of a lawful government request? The hypocrisy of it is unbearable!

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Given this clear hypocrisy, which renders Apples arguments at best

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marketing hype, at worst an insult to the Court, I ask that you please reject

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Apples motion.

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[1] http://www.apple.com/privacy/privacy-policy

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Dated this 3 of March, 2016

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Michael B Devine
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Brief of Amicus Curiae in Opposition to Apple