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FULL TEXT Motion to Compel in Farook / Malik iPhone Case

February 19, 2016

The BrokeAndBroker.com Blog has obtained a copy of the:

GOVERNMENT'S MOTION TO COMPEL APPLE INC. TO COMPLY WITH THIS COURT'S FEBRUARY 16, 2016 ORDER COMPELLING ASSISTANCE IN SEARCH / IN THE MATTER OF THE SEARCH OF AN APPLE IPHONE SEIZED DURING THE EXECUTION OF A SEARCH WARRANT ON A BLACK LEXUS IS300, CALIFORNIA LICENSE PLATE 35KGD203 (Central District of California, February 19, 2016). 

READ the FULL-TEXT Motion to Compel

As set forth in the Motion to Compel's introductory "MEMORANDUM OF POINTS AND AUTHORITIES":

Rather than assist the effort to fully investigate a deadly terrorist attack by obeying this Court's Order of February 16, 2016, Apple has responded by publicly repudiating that Order. See Exhibit 1. Apple has attempted to design and market its products to allow technology, rather than the law, to control access to data which has been found by this Court to be warranted for an important investigation. Despite its efforts, Apple nonetheless retains the technical ability to comply with the Order, and so should be required to obey it.

Before Syed Rizwan Farook ("Farook") and his wife Tafsheen Malik shot and killed 14 people and injured 22 others at the Inland Regional Center in San Bernardino, Farook's employer issued him an iPhone. The Federal Bureau of Investigation ("FBI") recovered that iPhone during the investigation into the massacre. . .

The Motion to Compel was predicated, in part, upon the position of Apple Inc., as has been enunciated in a "Message to Our Customers" from the firm's Chief Executive Officer Tim Cook. In part, that message asserts:

A Dangerous Precedent

. . .

[T]he implications of the government's demands are chilling. If the government can use the All Writs Act to make it easier to unlock your iPhone, it would have the power to reach into anyone's device to capture their data. The government could extend this breach of privacy and demand that Apple build surveillance software to intercept your messages, access your health records or financial data, track your location, or even access your phone's microphone or camera without your knowledge.
. . .

We are challenging the FBI's demands with the deepest respect for American democracy and a love of our country. We believe it would be in the best interest of everyone to step back and consider the implications.

While we believe the FBI's intentions are good, it would be wrong for the government to force us to build a backdoor into our products. And ultimately, we fear that this demand would undermine the very freedoms and liberty our government is meant to protect.

READ the FULL-TEXT Cook Message

Personal note from
BrokeAndBroker.com Blog publisher Bill Singer:

I am disgusted with how virtually all online discussions about any newsworthy event degenerate into an opportunity for trolls to bash anyone and everyone. Moreover, my eyes glaze over when I read postings from those espousing crackpot conspiracy theories and from those asserting a particular racial, ethnic, or religious superiority. Consequently, mindful of my position, I will keep my opinions about the Motion to Compel to myself and offer my readers an opportunity to read the source document in full-text and to draw your own conclusions. Please note that Apple Inc.'s Chief Executive Officer Tim Cook's February 17, 2016, "A Message to Our Customers" is attached as Exhibit A to the Motion to Compel but may also be read in FULL TEXT.



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