The Department of Justice has filed a motion to compel Apple to comply with a federal court order to break into the iPhone owned by a terrorist. Prosecutors went to unusual lengths to emphasize that the case was not setting a significant precedent
The order, issued earlier this week, would compel Apple to create software that would assist the Federal Bureau of Investigation in breaking into a phone used by one of the perpetrators in a Dec. 2 terrorist attack in San Bernardino, Calif., by Tashfeen Malik and Syed Farook.
“Rather than assist the effort to fully investigate a deadly terrorist attack by obeying this court’s [previous order], Apple has responded by publicly repudiating that order,” prosecutors wrote in their filing. They added that Apple’s refusal to do so “appears to be based on its concern for its business model and public brand marketing strategy.”
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“The Order does not, as Apple’s public statement alleges, require Apple to create or provide a ‘back door’ to every iPhone; it does not provide ‘hackers and criminals’ access to iPhones; it does not require Apple to ‘hack [its] own users’ or to decrypt’ its own phones; it does not give the government ‘the power to reach into anyone’s device’ without a warrant or court authorization; and it does not compromise the security of personal information,” prosecutors added.
“To the contrary the Order allows apply to retain custody of its software all times,” they added.
Justifying their request, they said, “The government requires Apple’s assistance to access the… device to determine, among other things, who Farook and Malik may have communicated with to plan and carry out the … shootings, where Farook and Malik may have traveled to and from before and after the incident, and other pertinent information that would provide more information about their and others’ involvement in the deadly shooting.”
The issue has pitted national security hawks against those who believe the government shouldn’t be able to require Apple’s cooperation, a move that could put at risk people’s secure communications.
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However, it isn’t clear that there is any way for officials to compel Apple’s cooperation in the matter. There are no criminal penalties if the company refuses, nor are there certain to be civil penalties.
Read the Justice Department motion below:
