Apple GC Bruce Sewel took the company's fight against the Justice Department and the FBI to Capitol Hill on Tuesday, arguing the tech company's case before the House judiciary committee while sparring opposition from FBI director James Comey. Mr Sewel manages to secure support for Apple's resistance of a court-ordered hack of the iPhone of San Bernardino shooter Syed Farook from legislators on both sides of the House, with legislators admonishing the Justice Department for overstepping its authority and calling the efforts to legally corner Apple into hacking the phone a 'fool's errand.' Further, lawmakers accused the FBI placing privacy and cybersecurity at risk, and of attempting to circumvent Congress by launching the lawsuit against Apple.
Sewel vs. Comey
Mr Sewel landed several blows against the FBI's case in favour of the hack, labeling the court order a 'way to cut off debate' about the broader issues surrounding the encrypted iPhone and forcing Mr Comey to concede ground on several of the potential implications of the hack. While Mr Comey argued that the software 'back door' the FBI is asking Apple to build would not work for other models, Mr Sewel assured legislators that once built, the software would work for all iPhones. Mr Comey conceded that then that the hack might set a precedent for accessing the phones of other Apple customers in situations when the FBI deemed in necessary. 'It won't be a one-time request. It'll set a precedent for other request from the FBI and any other law enforcement agencies,' said committee chairman Robert Goodlatte, to which Mr Comey replied, 'Sure, potentially.'
International implications
Crucially, Mr Comey also admitted that the FBI 'had not considered' that other countries, such as China, might follow in the footsteps of the US by compelling Apple to provide access to customer data. However, the FBI maintains that as a private company, Apple is over-extending its hand into affairs of national security. 'We're asking Apple to take the vicious guard dog away and let us pick the lock,' said Mr Comey. 'It's not their job to watch out for public safety. That's out job.'
Opposition filed
Filed at 11pm Tuesday, Apple's formal opposition to the ruling issued by US District Court Magistrate Sheri Pym that the company help the FBI hack the Mr Farook's iPhone 5c came down to the wire of a two-week deadline after the February 16 judgment. Ordinarily, such a legal maneuver would escalate Apple's standoff with the FBI to be heard by a Senate-confirmed, life-tenured US District Court judge, though the immediate implications of Apple's move have not yet been confirmed. In its filing, Apple states that it is opposing the court order out of 'an abundance of caution'. Sources: Politico; The Guardian; Reuters
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