Apple Says Government Trying to 'Rewrite History' by Using All Writs Act as 'All-Powerful Magic Wand' - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

Apple Says Government Trying to 'Rewrite History' by Using All Writs Act as 'All-Powerful Magic Wand'

Following the U.S. government's filing last week once again urging the court to compel Apple to assist the FBI in unlocking the iPhone of San Bernardino shooter Syed Farook, a document Apple general counsel Bruce Sewell called a "cheap shot," Apple today filed its response arguing that the government's reliance on the All Writs Act dating back to 1789 as justification for the request is an attempt to "rewrite history by portraying the Act as an all-powerful magic wand rather than the limited procedural tool it is."

applefbi
Today's filing, shared by Business Insider, outlines Apple's arguments as to why the All Writs Act should not apply in this situation and reiterates a number of positions the company has previously described, including belief that this issue needs to be settled legislatively and that the imposition of the order would cause "unprecedented and offensive burdens" and violate both Apple's First Amendment rights and the Due Process Clause.

This case arises in a difficult context after a terrible tragedy. But it is in just such highly-charged and emotional cases that the courts must zealously guard civil liberties and the rule of law and reject government overreaching. This Court should therefore deny the government’s request and vacate the order.

Apple goes on to outline its arguments as to why the All Writs Act is not applicable, noting that Congress had previously declined to expand the Communications Assistance for Law Enforcement Act (CALEA) to include scenarios such as this and that the government's request usurps the legislative authority exercised by Congress.

CALEA’s legislative history makes clear the sound policy reasons behind its specific limitations on when decryption services can be required. During congressional hearings on CALEA, then-FBI director Louis Freeh assured Senator Leahy that CALEA would not impede the growth of new technologies. When Senator Leahy asked whether CALEA would inhibit the growth of encryption, he responded “this legislation does not ask [companies] to decrypt. It just tells them to give us the bits as they have them. If they are [en]crypted, that is my problem.”

In its conclusion, Apple argues that "the government’s motivations are understandable, but its methods for achieving its objectives are contrary to the rule of law, the democratic process, and the rights of the American people."

A court hearing to address the issue is scheduled for next Tuesday, March 22, the day after Apple's media event where it is expected to introduce a new 4-inch "iPhone SE" and a new 9.7-inch iPad, as well as make a few additional announcements.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

Home Hub Command Center with Dome Base Feature

Apple Smart Home Hub to Feature iMac G4-Style Design

Wednesday September 30, 2026 4:36 am PDT by
Apple's long-rumored smart home hub will have an iMac G4-style design and a host of unique features, Bloomberg's Mark Gurman reports. The smart home hub is said to feature a square 6-inch display, with variants that can be placed on a countertop or mounted on a wall. It features a single FaceTime camera on the front, with microphones and speakers in its connected base. Gurman described the...
HomePod minis on gradient feature 1 1

Three New Apple Smart Home Products Coming on October 13

Wednesday September 30, 2026 4:04 am PDT by
Apple plans to introduce a series of new smart home products on Tuesday, October 13, according to Bloomberg's Mark Gurman. Apple reportedly plans to debut its long-awaited smart home hub device, a new HomePod mini, and a new Apple TV on the date. The new HomePod mini and Apple TV are set to retain their existing designs, but tout faster chips to support Siri AI. The new HomePod mini will...
iphone duo colors

Apple Shares Photos Shot on iPhone Duo

Thursday October 1, 2026 1:37 pm PDT by
Apple on Instagram today shared a curated gallery of six photos shot on the iPhone Duo. The photos were shot by American photographers Jake Michaels and Jason Nocito, as part of a project commissioned by Apple. iPhone Duo is equipped with four cameras:A rear 48-megapixel Fusion Main camera A rear 48-megapixel Ultra Wide camera A front 12-megapixel Center Stage camera in the outer display A...

Top Rated Comments

oneMadRssn Avatar
138 months ago
FBI has become synonymous with "Republicans" and "criminals".
As someone who votes liberal most of the time, I disagree. Both major political parties are equally awful when it comes to law enforcement over-reach, privacy issues, and circumventing proper open due process.
Score: 30 Votes (Like | Disagree)
138 months ago
Apple vs Big Brother. Its like a prophecy coming true.
Score: 17 Votes (Like | Disagree)
rdlink Avatar
138 months ago
FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."
Perhaps you missed this one:

http://www.techinsider.io/obama-comments-on-phone-encryption-2016-3

Pretty sure there is a (D) next to his name...
Score: 15 Votes (Like | Disagree)
Benjamin Frost Avatar
138 months ago
For the US Government, 1789=1984.

Just noticed the words on the FBI badge—Fidelity, Bravery, Integrity. I could hardly think of less appropriate words for the FBI now.

I suggest they are replaced with Fecklessness, Balls-Up, Idiocy.
Score: 14 Votes (Like | Disagree)
darcyf Avatar
138 months ago
This is fast becoming a competition to see who can use the most ear-catching analogy to defame the other side.

So far, I think Apple is winning.
Score: 13 Votes (Like | Disagree)
Juicy Box Avatar
138 months ago
FBI, DOJ have become synonymous with "Republicans" who always "think backwards, in reverse."
Statements like this make me wonder if posters are deliberately postings lies to get equally crazy responses, or are they just that stupid and believe what they are saying.
Score: 12 Votes (Like | Disagree)
Latest Stories
AT&T Acknowledges iPhone 18 Pro Max Issues: 'Update Immediately'
AT&T Acknowledges iPhone 18 Pro Max Issues: 'Update Immediately'
9 hours ago
New 'AirFly Drive' Accessory Turns Wired CarPlay Into Wireless CarPlay
New 'AirFly Drive' Accessory Turns Wired CarPlay Into Wireless CarPlay
14 hours ago
Apple Shares Photos Shot on iPhone Duo
Apple Shares Photos Shot on iPhone Duo
16 hours ago
Apple Says iPhone Duo Has Replaceable 'Cover Layer'
Apple Says iPhone Duo Has Replaceable 'Cover Layer'
17 hours ago
Apple's Smart Home Camera Will Apparently Have 'No Video Recording'
Apple's Smart Home Camera Will Apparently Have 'No Video Recording'
19 hours ago
Apple TV Just Updated Its Selection of 'Bonus' Movies
Apple TV Just Updated Its Selection of 'Bonus' Movies
20 hours ago
iPhone 18 Pro Colors Buyer's Guide: Which Should You Choose?
iPhone 18 Pro Colors Buyer's Guide: Which Should You Choose?
20 hours ago
Early Prime Big Deal Days: Best Discounts on Accessories, TVs, and More at Amazon
Early Prime Big Deal Days: Best Discounts on Accessories, TVs, and More at Amazon
21 hours ago
MacBook Pro With OLED Touch Screen Rumored to Launch in October or November
MacBook Pro With OLED Touch Screen Rumored to Launch in October or November
22 hours ago
Apple's All-New Home Hub Rumored to Launch in These Four Colors
Apple's All-New Home Hub Rumored to Launch in These Four Colors
23 hours ago
iPhone 18 Pro Aperture Control Goes Fully Manual in Halide 3.2
iPhone 18 Pro Aperture Control Goes Fully Manual in Halide 3.2
1 day ago
Apple Stores Receive 'Do Not Open' Boxes Ahead of Smart Home Products Launch
Apple Stores Receive 'Do Not Open' Boxes Ahead of Smart Home Products Launch
1 day ago
iPhone 18 Pro Sales Jump in China Ahead of iPhone Duo Launch
iPhone 18 Pro Sales Jump in China Ahead of iPhone Duo Launch
1 day ago
Apple TV Still Down for Some Users Following Apple Services Outage
Apple TV Still Down for Some Users Following Apple Services Outage
1 day ago
Microsoft 365 Work Accounts May Stop Syncing in Apple Mail
Microsoft 365 Work Accounts May Stop Syncing in Apple Mail
50 minutes ago
Apple's Smart Home Hub: Everything We Know So Far
Apple's Smart Home Hub: Everything We Know So Far
2 days ago
Apple's Home Hub Borrows From the iPhone Duo's StandBy Mode
Apple's Home Hub Borrows From the iPhone Duo's StandBy Mode
2 days ago
Apple Invites App Updated With Three New Features
Apple Invites App Updated With Three New Features
2 days ago
Apple Event on October 13?
Apple Event on October 13?
2 days ago
Apple Watch SE 3 vs. Series 12 Buyer's Guide: Which Should You Buy?
Apple Watch SE 3 vs. Series 12 Buyer's Guide: Which Should You Buy?
2 days ago
iPad Mini 8 to Offer These 10 New Features
iPad Mini 8 to Offer These 10 New Features
2 days ago
DoorDash Unveils AI Food Ordering Through Apple's Messages App
DoorDash Unveils AI Food Ordering Through Apple's Messages App
2 days ago
Amazon Takes Up to $150 Off Select M5 MacBook Air Models
Amazon Takes Up to $150 Off Select M5 MacBook Air Models
2 days ago
Apple Still Plans to Release a New Full-Sized HomePod
Apple Still Plans to Release a New Full-Sized HomePod
2 days ago
Apple Working to Expand HomeKit
Apple Working to Expand HomeKit
2 days ago
Apple Smart Home Hub to Feature iMac G4-Style Design
Apple Smart Home Hub to Feature iMac G4-Style Design
2 days ago
Three New Apple Smart Home Products Coming on October 13
Three New Apple Smart Home Products Coming on October 13
2 days ago
Apple Pay Now Available in India With Axis Bank Cards
Apple Pay Now Available in India With Axis Bank Cards
3 days ago
OpenAI Launches Always-On 'Dots' Agents to Rival Meta's Muse
OpenAI Launches Always-On 'Dots' Agents to Rival Meta's Muse
3 days ago
AirPods 5 Teardown: Batteries Removable, Case Still Tough
AirPods 5 Teardown: Batteries Removable, Case Still Tough
3 days ago

🔗 Related Apple News & Rumors

Stay updated with the latest Apple ecosystem news and verified rumors