The only thing that has any relevance is the Court Order.
A court filing from the FBi has ZERO force. It has ZERO effect on anything.
All it is, is a self-serving argument by the FBI, not even filed under oath. It is a CLAIM. Not evidence.
It is akin to a prosecutor's statement of what they intend to prove in an opening statement, but don't even have to stick close to the truth. Apple has not even presented anything yet explaining its legal case; that's due tomorrow.
Apple cannot rely on anything stated in the FBI filing. No action has been taken by the Court on that filing, nor can any action be taken on that filing until the hearing on March 22nd. In fact, if Apple takes action based on that filing, it would be in violation of the Court's order. . . and subject to sanctions!
-PJ
It represents what the government is asking for. Apple only need to ask the Judge to modify/clarify the court order to restrict it so that it only conforms to these requirements.
Apple's legal staff knows full well that they can do this. The problem is that Apple just does not want to do it.
Once again, Apple has the capability to do this without creating a potential threat to anyone else. They just don't want to.