Apple vs. the FBI … in 2 minutes
By David Goldman
After a month-long public debate about whether or not Apple should help the FBI break into a terrorist’s iPhone, Apple is about to face off with the FBI in court.
If you’re confused about what Apple’s fight with the FBI is all about, here’s what you need to know.
1) The FBI is trying to get into an iPhone 5C used by San Bernardino shooter Syed Farook.
2) It can’t get in because of Farook’s iPhone permanently locks and wipes its memory after 10 incorrect passcode guesses.
It also has a time-delay feature that prevents people from entering more than a few wrong passcodes before locking them out.
3) The FBI wants Apple to create special software for Farook’s iPhone that will help bypass the phone’s security protocols.
The FBI can then try endless password combinations until it gets the right one. In effect, the FBI is doing the hacking, not Apple. But without Apple changing the locks, the FBI can’t proceed.
4) A judge in February ruled Apple must comply with the government’s request.
5) Apple has been fighting that order.
Its central argument: Removing the security protection in this case would create a “backdoor” that could potentially allow the government or hackers break into similar iPhones.
It has legal arguments as well: It says there is no specific law supporting the government’s request; the government should not be able to compel a private company to alter its product; writing code is like speech, and so the request is a violation of Apple’s First Amendment rights.
6) The Department of Justice is fighting too.
Its argument: This is a single request for a single phone, and doesn’t not create a back door for bad actors, but rather a front door for law enforcement only when it has a warrant.
7) The fight has gotten increasingly nasty
Apple’s high-powered attorneys have called the FBI’s arguments “disturbing,” and the FBI has called Apple’s attempt to combat the judge’s order a “desperate” marketing ploy.
8) Most technology companies and the ACLU have sided with Apple.
Facebook, Google and Microsoft are among the companies that have filed briefs with the court showing support for Apple.
9) The case could go to the Supreme Court
The same judge that ruled against Apple is issuing another ruling on Tuesday, March 22. But the ruling won’t be final. Appeals can go to a district court, then a court of appeals, and finally the Supreme Court.
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