Thursday, February 18, 2016

It appears that Apple opposed, but did not defy the court order - contrary to the press coverage

A lot of discussions are raging in the press and social media about the recent court order directing Apple to cooperate with the FBI.

Here is the order.






I would like to diffuse some of the misconceptions created by the coverage of Tim Cook's statement, or rather, how that statement was portrayed by the press.

The order allows Apple to make an application to the court "within 5 business days" from February 16, 2016, or, since there is an indication that Apple immediately received the order, by February 23, 2016.

In that application to the U.S. District Court for the Central District of California, Apple, Inc. can argue that "compliance with this Order would be unreasonably burdensome".  

The court does not allow Apple any other grounds to contest the order, other than that it will be "unreasonably burdensome" for Apple to comply with the order.

Apple's CEO Tim Cook responded with a statement to Apple's customers announcing that Apple is opposing the order, is planning to fight it and believes that the order creates a dangerous precedent jeoparizing security of personal data of Apple's customers.

Contrary to the press coverage claiming that Tim Cook "has refused to breach privacy" of the iPhone or "won't comply" with the court order (which would be contempt of court and could expose Apple nothing of the kind, at least according to his own statement available on Apple's website. 

In his carefully worded statement, Tim Cook only said he opposed it and will fight it - which can mean, without more, that he will do it by legal means (such as an application to the court that issued it, if it doesn't help, to the higher court, the U.S. Court of Appeals for the 9th Circuit, and if that doesn't help, to the U.S. Supreme Court).





What it means for all of us is that if Tim Cook and Apple lose their fight in courts, there is a possibility that they will comply with the order and create the breach in security of iPhones that the government is asking them to create.

Which would be bad news for all iPhone users, and a defeat of our right to be free from government's spying on us. 

Let's wait and see what happens.



 

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