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 newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags Appleapplefbi

Featured

Slideshows

The making of an MSSP: a blueprint for growth in NZ

The making of an MSSP: a blueprint for growth in NZ

Partners are actively building out security practices and services to match, yet remain challenged by a lack of guidance in the market. This exclusive Reseller News Roundtable - in association with Sophos - assessed the making of an MSSP, outlining the blueprint for growth and how partners can differentiate in New Zealand.

The making of an MSSP: a blueprint for growth in NZ
Reseller News Platinum Club celebrates leading partners in 2018

Reseller News Platinum Club celebrates leading partners in 2018

The leading players of the New Zealand channel came together to celebrate a year of achievement at the inaugural Reseller News Platinum Club lunch in Auckland. Following the Reseller News Innovation Awards, Platinum Club provides a platform to showcase the top performing partners and start-ups of the past 12 months, with more than ​​50 organisations in the spotlight.​​​

Reseller News Platinum Club celebrates leading partners in 2018
Meet the top performing HP partners in NZ

Meet the top performing HP partners in NZ

HP has honoured its leading partners in New Zealand during 2018, following 12 months of growth through the local channel. Unveiled during the fourth running of the ceremony in Auckland, the awards recognise and celebrate excellence, growth, consistency and engagement of standout Kiwi partners.

Meet the top performing HP partners in NZ
Show Comments