Apple files formal Objection in San Bernardino case

iPhone.

The last certainly hasn’t been heard about the Apple Vs FBI fracas surrounding the San Barnardino case. This time, in a move to shore up its legal footing in the ongoing battle with the FBI, Apple has formally objected to the Central District of California’s order to unlock the San Bernardino iPhone and bringing that court’s attention to the pro-Apple decision handed down in New York on Monday, according to a report from Apple Insider.

According to the report, “In the first filing, attorneys for the iPhone maker indicated that the formal objection was being lodged “in an abundance of caution.” The two-page document — which follows a more substantive motion to vacate submitted last week. — was signed by lead attorney Ted Boutrous”. The report equally confirmed that Apple had subsequently filed a “notice of supplemental authority,” amending its earlier motion to include a ruling by New York Magistrate Judge James Orenstein that the All Writs Act cannot be applied in the manner the FBI wishes.

Apple specifically cited Judge Orenstein’s assertions that such an interpretation would “upend[] the separation of powers,” imply an “implausible intention [by Congress] to confer essentially unlimited legislative powers on the judiciary,” and impose no “principled limit on how far a court may go in requiring a person or company to violate the most deeply-rooted values to provide assistance to the government the court deems necessary.”

The California case is likely to take years to wind its way through the court system, presuming that the U.S. Congress does not create a legislative remedy

You would recall that Apple had on Tuesday appeared before a Congressional hearing of the Members of the House Judiciary Committee, in which Apple general counsel Bruce Sewell gave testimony — that they would almost surely wait for the justice system’s resolution before proceeding with any such legislation. In the first filing, attorneys for the iPhone maker indicated that the formal objection was being lodged “in an abundance of caution.” The two-page document — which follows a more substantive motion to vacate submitted last week — was signed by lead attorney Ted Boutrous.

The report is also quoted to have said that “The California case is likely to take years to wind its way through the court system, presuming that the U.S. Congress does not create a legislative remedy in the interim” and with Apple general counsel’s testimony, indicating that Apple have faith and will wait for the justice system’s resolution, we just might have a long judicial battle on the way.


Apple was founded by Steve Jobs, Steve Wozniak, and Ronald Wayne on April 1, 1976, to develop and sell personal computers. It was incorporated as Apple Computer, Inc. on January 3, 1977, and was renamed as Apple Inc. The American multinational technology company designs, develops, and sells consumer electronics, computer software, and online services. Its hardware products include the iPhone smartphone, the iPad tablet computer, the Mac personal computer, the iPod portable media player, and the Apple Watch smartwatch. Apple’s consumer software includes the OS X and iOS operating systems, the iTunes media player, the Safari web browser, and the iLife and iWork creativity and productivity suites. Its online services include the iTunes Store, the iOS App Store and Mac App Store, and iCloud. Apple is headquartered in Cupertino, California.



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