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The ACLU files the first in an expected series of briefs telling a federal court that it sides
with Apple and believes an FBI request to hack a terrorist's iPhone threatens everyone's
privacy and security.
by Connie Guglielmo

@techledes / March 2, 2016 4:23 PM PST

Public opinion may be

divided on whether
Apple should modify
its mobile software to
help the FBI gain
access to a terrorist's
iPhone, but several
leading tech
companies and
privacy groups are
denitely siding with
Apple CEO Tim Cook.

James Martin/CNET

The American Civil Liberties Union led the rst in what's expected to be a series of
amicus briefs in federal court supporting Apple's decision to challenge a February
16 court order that demands the company write a new version of its iOS software to
bypass the phone's security. Microsoft, Google, Twitter and Facebook, and privacy
groups including the Electronic Frontier Foundation, have said they're also going to
submit amicus briefs on Apple's behalf by the March 3 deadline.
Apple has set up a dedicated page on its website to collect all the amicus briefs.
"While the government can in some circumstances require private parties to
support law-enforcement investigations...law enforcement may not commandeer
innocent third parties into becoming its undercover agents, its spies, or its hackers,"
the ACLU wrote in its brief on Wednesday (see below). "If the government prevails,
then this case will be the rst of many requiring companies to degrade the security
and to undermine the trust in their products so essential to privacy in the digital
age."

MORE ABOUT APPLE'S LEGAL FIGHT WITH

Apple says creating a new, custom version of iOS

software is unprecedented and unconstitutional.

THE FBI
http://www.cnet.com/news/applegetsbackinginfbiiphonecasefromacluprivacygroupstechtitans/

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3/30/2016

ApplegetsbackinginFBIiPhonecasefromprivacygroups,techtitansCNET
THE How
FBI an iPhone became the FBI's

public enemy No. 1 (FAQ)

Apple, FBI face off before Congress
over iPhone encryption
Apple scores iPhone legal victory
that may help in FBI ght
Apple brings the Constitution to an
iPhone ght

Cook, in a public letter and other statements,

says what the FBI is asking for is a "back door" or
"master key" to every iPhone. Once it's created,
he adds, it would compromise the privacy and
security of the billion iPhones and iPads powered
by iOS, Apple's mobile operating system. The FBI
says it just wants to nd out all it can about the
terrorists involved in the December massacre in
San Bernardino, California, which claimed the
lives of 14 people.

A court hearing to determine whether Apple should be forced to comply with the
FBI's request is set for March 22 in federal court in Riverside, California. This week,
Apple's top lawyer, Bruce Sewell, spoke on a panel opposite FBI Director James
Comey debating personal security versus national security in a ve-hour session
on Capitol Hill.
Apple may already have a precedent in place after a US District Court judge on
Monday dismissed a similar government request in a case involving the All Writs
Act, an iPhone and a drug dealer in Queens, New York. Apple believes the ruling
could sway the San Bernardino case. The Department of Justice said it was
"disappointed" by the ruling and will continue to challenge the order in the court
system.
You can nd all our coverage related to Apple versus the FBI
here.
Update March 3 at 8:02 a.m. PT:Added link to Apple's web
page collecting the amicus briefs led on its behalf.
ACLUamicusbriefsupportingApple

http://www.cnet.com/news/applegetsbackinginfbiiphonecasefromacluprivacygroupstechtitans/

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ApplegetsbackinginFBIiPhonecasefromprivacygroups,techtitansCNET

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1
11

Peter Bibring SBN 223981)

pbibring@aclusocal.org
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
OF SOUTHERN CALIFORNIA
1313 West Eighth Street
Los Angeles, CA 9 1 7
Telephone: 213) 977-9500
Alex Abdo
Esha Bhandari
Eliza Sweren-Becker*
Brett Max Kaufman
aabdo@aclu.org
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
125 Broad Street, 18th Floor
New York, NY 10004
Telephone: 212) 549-2500

12
13

14

Admission t the bar pendi ng

Additional counsel listed on signature page
Attorneys for Proposed Amici Curiae

15

16

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

17
18

19

IN THE MATTER OF THE SEARCH )

OF AN APPLE IPHONE SEIZED
)
DURING THE EXECUTION OF A

ED No. CM 16-10 SP)

BRIEF OF AMICI CURIAE

Tags: Apple takes on the FBI, Apple, Security

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