Apple: Court's request to unlock iPhone is unconstitutional and beyond authority

Apple fought back in court on Thursday against a U.S. government demand that it crack the iPhone of a shooting suspect, saying the move violated free speech rights and overrode the will of Congress.

The battle between Apple and the U.S. government stems from last week, when the FBI won a court order requiring Apple to write new software and take other steps to help it remove the passcode protection to gain access to the iPhone of San Bernardino shooting suspect Rizwan Farook.

Apple has argued that the court should vacate the warrant issued last week, saying software is a protected form of speech and that the Justice Department's request violates the U.S. Constitution.

"The government's request creates an unprecedented burden on Apple and compels 'speech' in violation of Apple's free speech rights," the company said.

Apple also said the court's move was an overreach and that Congress had previously rejected related legislation, so the company did not have to comply with the government's request.

The U.S. government said the All Writs Act, enacted in 1789, allows courts to take necessary steps to enforce the order, forcing Apple to comply.

But Apple said in its filing that prosecutors had wrongly applied a U.S. Supreme Court case concerning telecommunications companies to the San Bernardino case. Because Apple is not a utility and Congress has refused to force companies like Apple to build backdoors into their products, Apple argued that it had no obligation to help the government crack into suspects' iPhones.

The Justice Department obtained authorization from a federal court last week without Apple appearing. The judge allowed Apple to file a brief response on Thursday and will hold a hearing next month.

Some big tech companies appear to be siding with Apple. Google and Facebook have also filed briefs in support of Apple, while Microsoft is set to file an amicus brief, people familiar with the matter said. Twitter has also expressed support for Apple.

The U.S. Department of Justice said the way they prosecute criminals will not change.

As a winner of Toutiao's Qingyun Plan and Baijiahao's Bai+ Plan, the 2019 Baidu Digital Author of the Year, the Baijiahao's Most Popular Author in the Technology Field, the 2019 Sogou Technology and Culture Author, and the 2021 Baijiahao Quarterly Influential Creator, he has won many awards, including the 2013 Sohu Best Industry Media Person, the 2015 China New Media Entrepreneurship Competition Beijing Third Place, the 2015 Guangmang Experience Award, the 2015 China New Media Entrepreneurship Competition Finals Third Place, and the 2018 Baidu Dynamic Annual Powerful Celebrity.