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Tuesday, March 15, 2016

Apple says Constitution 'forbids' what FBI is asking - CNET

Apple shouldn't have to comply with a search order for an iPhone used by one the San Bernardino, California, terrorists because the Constitution forbids it, the company said Tuesday.
Apple, in a reply to a Department of Justice filing from Thursday, said the All Writs Acts -- the 227-year-old law used to compel Apple to assist the FBI -- can't be applied in this case. It also sought to show that prior cases cited by the Justice Department can't be used as precedent to make Apple redesign its mobile software. Apple went on to say the founding fathers of the US "would be appalled" by how the FBI and Justice Department are trying to use the All Writs Act.
"The All Writs Act cannot be stretched to fit this case because to do so 'would be to usurp the legislative function and to improperly extend the limited federal court jurisdiction,'" Apple's filing said, quoting a decision from the 9th US Circuit in 1979.
The Justice Department's most recent filing defended its use of the All Writs Act, saying in passing the act, "Congress gave courts a means of ensuring that their lawful warrants were not thwarted by third parties like Apple."
Apple says Constitution 'forbids' what FBI is asking - CNET

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