“While these sweeping powers might be nice to have from the government’s perspective, they simply are not authorized by law and would violate the Constitution,” Apple’s motion states.
4. If forced to comply, Apple will have to create an in-house ‘hacking’ unit
Apple says that if it complies to this order, it would in essence become an arm of law enforcement, and it will have to establish an entirely new department within this private company to assist the government.
“Responding to these demands would effectively require Apple to create full-time positions in a new ‘hacking’ department to service government requests and to develop new versions of the back-door software every time iOS changes,” according to the filing.
5. Just because Apple created the iPhone doesn’t imply accountability for how it’s used
Apple is also arguing that Cupertino is “far removed” from the San Bernardino shooting, one of the factors that excludes it from the All Writs Act. Apple does not own or possess the iPhone in question, it has no connection to the data stored on the device, and it’s not in any way related to the events that prompted the investigation—so there’s no reason the company should be held accountable.
“The All Writs Act does not allow the government to compel a manufacturer’s assistance merely because it has placed a good into the stream of commerce. Apple is no more connected to this phone than General Motors is to a company car used by a fraudster on his daily commute,” according to the filing.
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