Trending Now


Apple and the FBI will face off Tuesday for the first time since the federal government went to court to try to force the tech giant to unlock a terrorist's encrypted iPhone.
FBI Director James Comey and Apple's senior vice president and general counsel, Bruce Sewell, will testify at a House Judiciary Committee hearing titled "The Encryption Tightrope: Balancing Americans' Security and Privacy."
The difficulty of finding that balance has been underscored by the legal battle between the FBI and Apple over whether the government can force the company to create software to unlock the iPhone of a dead terrorist who shot 14 people to death and wounded more than 20 others in San Bernardino, Calif. in December.
Comey said the FBI's request would only affect the iPhone of terrorist Syed Farook, who was killed along with his wife in a shootout with police.
Orenstein said that had the court accepted the government’s position, the result would be “so expansive - and in particular, in such tension with the doctrine of separation of powers - as to cast doubt on the AWA’s constitutionality if adopted.”
The government said it would appeal Orenstein’s ruling. “We are disappointed in the Magistrate’s ruling and plan to ask the District Judge to review the matter in the coming days,” said a DoJ spokesperson.
“As our prior court filings make clear, Apple expressly agreed to assist the government in accessing the data on this iPhone – as it had many times before in similar circumstances – and only changed course when the government’s application for assistance was made public by the court. This phone may contain evidence that will assist us in an active criminal investigation and we will continue to use the judicial system in our attempt to obtain it.”