Attorney General Loretta Lynch on Wednesday defended the government’s demand that Apple assist the FBI in unlocking the smartphone of one of the San Bernardino terrorists.
Testifying in front of the House Appropriations Committee, Lynch didn’t mention Apple by name, but indicated that judges and the Supreme Court have the authority to direct “third parties” to assist the government in criminal investigations.
“It’s a long-standing principle in our justice system that if an independent judge finds reason to believe that a certain item contains evidence of a crime, then that judge can authorize the government to conduct a limited search for that evidence,” Lynch said in prepared remarks. “And if the government needs the assistance of third parties to ensure that search is actually conducted, judges all over the country and on the Supreme Court have said that those parties must assist if it is reasonably within their power to do so.”
“That’s all we’re asking, and we owe it to the victims and the public whose safety we must protect to ensure we have done everything under the law to fully investigate terrorist attacks on American soil,” she said.
The remarks are the first by Lynch on the pending legal battle since a federal judge ordered the technology giant to cooperate with the government to unlock the cell phone used by Syed Farook, one of the shooters in the San Bernardino mass shooting that left 14 dead.
Federal authorities believe information on the cell phone could clarify the motive for the December attack carried out by Farook and his wife, Tashfeed Malik. Apple has said it would cooperate, but has also sought to appeal the judge’s decision, and has warned that forcing it to comply could set a precedent under which companies would routinely have to comply with these decisions.
