Menu
Apple sees weakness in FBI hearing request

Apple sees weakness in FBI hearing request

Last minute request for witnesses could indicate a change in FBI thinking, says Apple

A last-minute request by the FBI to call witnesses to next week's court hearing in the San Bernardino iPhone case indicates the agency might feel some weakness in its legal arguments, Apple says.

On Wednesday evening, the FBI asked for an evidentiary hearing, which means the court will hear live testimony from expert witnesses from both sides. Apple agreed to the FBI's request on Thursday.

Speaking on Friday with reporters, lawyers for Apple said the FBI's request was a surprise, and they don't understand why the government wants to present witnesses to the court.

If lawyers believe they have a strong legal case, they typically want to get up and argue it without bothering with witnesses in these types of hearings, so the request perhaps indicates the FBI isn't as comfortable as it was in relying solely on legal arguments, an Apple lawyer said.

Apple will present two witnesses: Erik Neuenschwander, its leading cryptography expert, and Lisa Olle, the Apple attorney who dealt with the FBI as it requested details from the phone.

The company plans to argue what it's been saying all along: that the All Writs Act, the late 1700s law the government has based its arguments on, doesn't allow investigators to push Apple to develop custom software that would give the FBI unlimited chances to break the passcode on the iPhone.

Some of the details surrounding Apple's dealings with the Justice Department in the case have been deemed confidential, but Apple lawyers said they hoped those restrictions would now be lifted because of the request for testimony.

The hearing is scheduled to begin at 1 p.m. PDT on Tuesday in District Court for the Central District of California, and it is expected to run until around 5 p.m.

Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Tags Appleapplefbi

Slideshows

Top 50 defining moments of the New Zealand channel in 2016

Top 50 defining moments of the New Zealand channel in 2016

Reseller News looks back on a tumultuous 12 months for the New Zealand channel, assessing the fallout from a year of sizeable industry change. Whether it be local or global mergers and acquisitions, distribution deals or job changes, the channel that started the year differs somewhat to the one set to finish it - Reseller News assesses the key moments that made 2016.​

Top 50 defining moments of the New Zealand channel in 2016
​Hewlett Packard Enterprise honours high achieving NZ channel

​Hewlett Packard Enterprise honours high achieving NZ channel

Hewlett Packard Enterprise honoured its top performing Kiwi partners at the second running of its HPE Partner Awards in New Zealand, held at a glitzy ceremony in Auckland. Recognising excellence across eight categories - from distributors to resellers - the tech giant celebrated its first year as a standalone company, following its official split from HP in 2015.

​Hewlett Packard Enterprise honours high achieving NZ channel
Nutanix treats channel partners to Christmas cruise

Nutanix treats channel partners to Christmas cruise

Nutanix recently took to the seas for a Christmas Cruise around Sydney Harbour with its Australia and New Zealand staff, customers and partners to celebrate a stellar year for the vendor. With the sun out, they were all smiles and mingled over drinks and food.

Nutanix treats channel partners to Christmas cruise
Show Comments