Apple vs. the FBI: The legal arguments explained – Computerworld

11 months ago Comments Off on Apple vs. the FBI: The legal arguments explained – Computerworld

Apple has raised some interesting, and potentially winning, legal arguments in its motion to overturn a judge’s order requiring the company to help the FBI unlock the iPhone of a mass shooter.

The FBI’s request for Apple to write new software to defeat password protections on the phone violates the company’s free speech and due process rights, Apple argued Thursday in its motion to vacate Magistrate Judge Sheri Pym’s Feb.16 order.

Apple has a chance to prevail in court, especially with its First Amendment free speech argument, said Jennifer Dukarski, a technology lawyer with the Butzel Long law firm in Ann Arbor, Michigan.

Several past court cases have looked on software code as a form of speech, although the legal record is mixed, she said. Apple argues the court cannot force speech from the company, particularly when the speech would be against Apple’s own interests.

Apple vs. the FBI: The legal arguments explained – Computerworld