Apple to argue First Amendment rights in FBI encryption battle

By Mikey Campbell

As expected, Apple intends to argue its First Amendment rights as part of a multi-pronged legal strategy designed to flout a court order compelling the company unlock an iPhone linked to last year’s San Bernardino shootings.
heodore Boutrous, Jr., one of two high-profile attorneys Apple hired to handle its case, said a federal judge overstepped her bounds in granting an FBI motion that would force the company to create a software workaround capable of breaking iOS encryption, reports the Los Angeles Times.
Specifically, U.S. Magistrate Judge Sheri Pym last week ordered Apple to help FBI efforts in unlocking an iPhone 5c used by San Bernardino shooting suspect Syed Rizwan Farook, a directive that entails architecting a bypass to an iOS passcode counter. Government lawyers cited the All Writs Act of 1789 as a legal foundation for its request, a statute leveraged by the FBI in at least nine other cases involving iOS devices.
While the act itself is 227 years old, lawmakers have updated the document to cover a variety of modern concerns, most recently as applied to anti-terrorism operations. In essence, All Writs is a purposely open-ended edict designed to imbue federal courts with the power to issue orders when other judicial tools are unavailable.
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