The DoJ to Apple Computer – Byte Me…

Apparently, the FBI didn’t appreciate being told to go pound bits…

The battle between the FBI and Apple regarding a certain iPhone 5c got a bit nasty last week. Frankly, I’m not surprised. I really didn’t expect the FBI to go gentle into that goodnight just because Apple said, “no.”

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In fact, it got a lot nastier.

Last week, according to ComputerWorld, the government filed a brief where it hinted that it may demand the Apple hand over the source code to iOS 9 and the key used to sign the OS, so they can do what Apple is refusing to do on their own.

After the government filed its brief, Apple’s Bruce Sewell said the following

We received the brief [last week] and honestly we’re still absorbing it but we wanted to get a couple of points out for you guys as you’re working your way through it.

First, the tone of the brief reads like an indictment. We’ve all heard Director Comey and Attorney General Lynch thank Apple for its consistent help in working with law enforcement. Director Comey’s own statement that “there are no demons here.” Well, you certainly wouldn’t conclude it from this brief. In 30 years of practice I don’t think I’ve seen a legal brief that was more intended to smear the other side with false accusations and innuendo, and less intended to focus on the real merits of the case.

For the first time we see an allegation that Apple has deliberately made changes to block law enforcement requests for access. This should be deeply offensive to everyone that reads it. An unsupported, unsubstantiated effort to vilify Apple rather than confront the issues in the case.

Or the ridiculous section on China where an AUSA, an officer of the court, uses unidentified Internet sources to raise the specter that Apple has a different and sinister relationship with China. Of course that is not true, and the speculation is based on no substance at all.

To do this in a brief before a magistrate judge just shows the desperation that the Department of Justice now feels. We would never respond in kind, but imagine Apple asking a court if the FBI could be trusted “because there is this real question about whether J. Edgar Hoover ordered the assassination of Kennedy — see ConspiracyTheory.com as our supporting evidence.”

We add security features to protect our customers from hackers and criminals. And the FBI should be supporting us in this because it keeps everyone safe. To suggest otherwise is demeaning. It cheapens the debate and it tries to mask the real and serious issues. I can only conclude that the DoJ is so desperate at this point that it has thrown all decorum to the winds….

We know there are great people in the DoJ and the FBI. We work shoulder to shoulder with them all the time. That’s why this cheap shot brief surprises us so much. We help when we’re asked to. We’re honest about what we can and cannot do. Let’s at least treat one another with respect and get this case before the American people in a responsible way. We are going before court to exercise our legal rights. Everyone should beware because it seems like disagreeing with the Department of Justice means you must be evil and anti-American. Nothing could be further from the truth.

Sewell is right to be a little shocked and confused on this. The government is starting to get a bit perturbed by all of this; and it’s starting to show on their end. I especially appreciate Sewell’s puzzled notion about disagreeing with the government. Just because they disagree doesn’t mean that Apple is evil and anti-American. At the very least, it just means they disagree.

It’s really the government in this case who is hurling threats and getting nasty. Which is a bit surprising… Honestly, if the government could do everything that they said they would do after receiving the iOS source code and OS signing key (should Apple actually agree to part with it) then why are they “requesting” Apple’s assistance? Requesting the OS and signing key means they can handle it by themselves. Demanding Apple assist them means they can’t; and this really seems like an empty threat.

In a related post on Twitter, my very good friend, Chris Pirillo tweeted a URL to perhaps one of the best summarization of the entire Apple v FBI case I’ve ever seen. While done as satire, its surprisingly accurate and very factual. If you’re still curious about all the facts in the case, this is a good video to watch and is entirely worth the time spent watching it from start to finish.

To further end on an additional jovial note, I saw this last week and nearly spit the contents of my mouth all over my monitors, I was laughing so hard.

While I am certain Polk County Sheriff Grady Judd is serious about seeking a warrant for Time Cook’s arrest IF and WHEN they request Apple to unlock and phone and Apple refuses, he’s going to have a very difficult time enforcing a warrant from Polk County Florida in Cupertino, California, especially when its likely no “crime” has been committed.

Saying, “no” to a court order is part of the process. You can appeal the order. Sheriff Judd saying he’d arrest Tim Cook for non-compliance is just this guy trying to capture his 15 minutes of fame…and quite honestly, it clearly demonstrates his lack of understanding in the case at hand.

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