Posted on 02/25/2016 3:19:09 PM PST by Swordmaker
WASHINGTON (AP) -- Apple Inc. on Thursday asked a federal magistrate to reverse her order that the company help the FBI hack into a locked iPhone, accusing the federal government of seeking "dangerous power" through the courts and of trampling on its constitutional rights.
The filing represents Apple's first official response since the judge's order last week and builds upon arguments voiced by the company's chief executive and supporters. It marks the latest salvo in a court fight that could create meaningful precedent and establish new legal boundaries in the policy battle between national security and digital privacy — a clash FBI Director James Comey says is the "hardest question I've seen in government."
"No court has ever authorized what the government now seeks, no law supports such unlimited and sweeping use of the judicial process, and the Constitution forbids it," Apple said.
The Justice Department is proposing a "boundless interpretation" of the law that, if left unchecked, could bring disastrous repercussions, the company warned in a memo submitted to Magistrate Sheri Pym that aggressively challenges policy justifications put forward by the Obama administration in the last several days.
(Excerpt) Read more at bigstory.ap.org ...
Aha, well ok, then presuming that to be the case, I withdraw my suggested interpretation. Thanks to Swordmaker for the clarification.
The brief fails to point out the obvious and probably the most compelling, or one of the most compeeling arguments to wit:
AND FINALLY, IFNTHE PASSWORD IS MORE THAN FIVE ALPHANUMERIC SEQUENCES ALL THE KINGS MEN AND ALL THE TIME IN THE WORLD AINT GONNA BRUTE FORCE SOLVE IT. Thus, The whole endeavor is based on rank speculation.
You know, Comey keeps a copy of hoovers directives to agents to bug and harrass mlk, on his desk-a constant reminder of the Bureaus past excesses.
Absolute power having corrupted him absolutely, he could not even comprehend the next director keeping a copy of the warrant in this shameful case being kept on his replacement’s desk....l
Please refrain from using profanity.
Will do. Got a little carried away while I getting hit from all sides. Won’t happen again.
parking some volokh conspiracy / wp article links here for reference
from owen kerr, gwu law school
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