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Apple appeals order to unlock iPhone, saying it would 'violate the Constitution'

James Niccolai | Feb. 26, 2016
Apple's lawyers argue the order sets a damaging precedent and opens the door to government surveillance

It would also breach the Fifth Amendment’s due process clause by “conscripting a private party” with almost no connection to the crime being investigated to “do the government’s bidding in a way that is statutorily unauthorized, highly burdensome, and contrary to the party’s core principles.”

The FBI has said data on the iPhone could be essential to their ongoing terrorism investigation. The information could help find collaborators of the San Bernardino shooters, they say.

The two sides are due to appear in court March 22 for a hearing in the case.

This fight between Apple and the FBI is shaping up to be a major test case in a year-and-a-half-old argument over whether law enforcement agencies can require device and OS makers to help them defeat encryption and other security measures.

If the judge upholds her order, legal experts have said the case could go all the way to the Supreme Court.


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