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5 things to remember during Tuesday's hearing pitting Apple against the FBI

Grant Gross | March 23, 2016
The hearing is likely the first of many in the FBI's efforts to force Apple to help it unlock a shooting suspect's iPhone

More broadly, the FBI, DOJ and President Barack Obama's administration have argued that smartphones and other devices protected by encryption shouldn't be exempt from court-ordered law enforcement searches.

“Here, the government has obtained a warrant to search the phone of a mass murderer, but unless this Court enforces the Order requiring Apple’s assistance, the warrant will be meaningless,” DOJ lawyers wrote in a stinging rebuke of Apple filed Feb. 19.

5. What's Apple say? The company argues Pym’s order ignores several limits on the All Writs Act and is "unreasonably burdensome" by requiring Apple to create a new operating system, tying up six to 10 of its employees for up to a month.

Apple has also argued that the judge's order would violate its First Amendment, free speech rights by forcing it to write new code, in essence forcing it to speak. The company also argues the order violates its due-process Fifth Amendment rights by requiring the Apple to "do the government’s bidding" in a way that’s burdensome and violates its "core principles."

 

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