FBI, Apple Make Privacy Battle Public 

On February 22, 2016, the Center on National Security at Fordham Law School compiled some articles about the FBI’s attempt to convince Apple to open the San Bernadino terrorist’s phone.

“FBI Director James Comey made an emotional public appeal on the Lawfare website on Sunday, defending the Bureau’s legal fight with Apple over encryption, saying the case involving access to the San Bernardino shooter’s iPhone was “quite narrow” and not intended to set a precedent. Days earlier the Justice Department filed a motion to compel Apple’s cooperation with a court order requiring it to create a tool to help decrypt the iPhone 5C used by Syed Rizwan Farook. Apple’s refusal “appears to be based on its concern for its business model and public brand marketing strategy” rather than a legal rationale, the document said.

Apple CEO Tim Cook had issued a message to customers last week saying that the Obama administration was creating “a dangerous precedent” by forcing the company to build a backdoor into its products. Apple is expected this week to appeal the court order and has called on Congress to help convene a commission of experts to discuss digital privacy. Some victims of the San Bernardino terrorist attack are reportedly expected to file an amicus brief in support of the government. Separately, Manhattan District Attorney Cyrus Vance Jr. says he is considering seeking court orders to unlock encrypted smartphones in several cases. (NYT, WashPost, FT, Reuters, The Hill)”

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