Apple Files Official Motion to Vacate Court Order, Says FBI Seeks 'Dangerous Power' - MacRumors
Skip to Content

Apple Files Official Motion to Vacate Court Order, Says FBI Seeks 'Dangerous Power'

Apple has officially filed a motion (via Re/code) to vacate the court order that would require the company to help the FBI hack into the iPhone 5c of San Bernardino shooter Syed Farook. "This is not a case about one isolated iPhone," reads the filing, going on to say the FBI is seeking a "dangerous power" that would undermine the security and privacy interests of hundreds of millions of people.

As expected, Apple argues that the All Writs Act, which the FBI is using in the case, does not give the government a pass to "conscript and commandeer" the company. "No law supports such unlimited and sweeping use of the judicial process," Apple writes. "And the Constitution forbids it." Apple believes setting a precedent for allowing the All Writs Act to be used in this way could lead to more insidious demands in the future, such as turning on the microphone or camera to aid in surveillance.

applefbi
Apple says FBI's demand for new code would violate its First and Fifth Amendment rights, as it is the equivalent of compelled speech and is contrary to Apple's core principles. Apple also points towards the Communications Assistance for Law Enforcement Act, using it as evidence Congress limited the assistance companies must provide to law enforcement.

In addressing the twin needs of law enforcement and privacy, Congress, through CALEA, specified when a company has an obligation to assist the government with decryption of communications, and made clear that a company has no obligation to do so where, as here, the company does not retain a copy of the decryption key.

Apple says the government "sought to cut off debate and circumvent thoughtful analysis" by taking the case to the courts and invoking terrorism instead of pursuing new legislation. Once again, Apple says the FBI's demand to create new software that would allow it to brute force the passcode on the iPhone in question is "too dangerous to build" because it could fall into the hands of criminals and foreign agents.

In short, the government wants to compel Apple to create a crippled and insecure product. Once the process is created, it provides an avenue for criminals and foreign agents to access millions of iPhones. And once developed for our government, it is only a matter of time before foreign governments demand the same tool.

While the government insists the software would be used for a single phone, Apple points out that there are already multiple applications for similar orders. Assisting the FBI could quickly lead to additional orders using the case as a precedent should Apple be ordered to comply.

According to Apple, creating the software the FBI wants would necessitate between six and 10 Apple engineers dedicating a "substantial portion of their time" for a minimum of two weeks and up to four weeks.

It would require new code, detailed documentation, the development of encryption procedures, and rigorous quality assurance testing with the entire development process carefully logged. If the need should arise to respond to multiple demands, Apple would need to create "full-time positions" in a new "hacking" department.

Apple ends its motion by calling for the decision on security to be made by American citizens through the democratic process rather than through a court order.

Society is still debating the important privacy and security issues posed by this case. The government's desire to leave no stone unturned, however well intentioned, does not authorize it to cut off debate and impose its views on society.

Now that Apple has filed its official opposition, it will need to wait for a response from the courts. Should the motion to vacate be denied by the district court, Apple has pledged to take its fight all the way to the Supreme Court.

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

iPhone Duo Trio

Here's What Apple's Apps Look Like on the iPhone Duo

Tuesday October 20, 2026 11:12 am PDT by
With just three days to go until the iPhone Duo is released, Apple is getting ready for the launch. Behind the scenes, the App Store now has screenshots of Apple's built-in apps running on the Duo. We've seen some apps in marketing materials, but images of the ones we haven't seen give us an idea of what it will be like using the iPhone Duo day to day. Many apps are shown in landscape...
Apple Creator Studio iWork suite

Apple Pulls Keynote, Pages and Numbers From App Store [Update: Back]

Thursday October 22, 2026 11:01 am PDT by
Apple has temporarily removed Keynote, Pages, and Numbers from the App Store, just after releasing an update that added iPhone Duo support and a new Intelligent Assistant. It is not clear if the apps were removed intentionally, or if it is a bug. Apple has not said when the apps will be reinstated, but if it was in error, they should return soon. Update: The Mac versions are back without...
M5 MacBook Pro

RIP, MacBook Ultra

Monday October 19, 2026 9:37 am PDT by
Apple today sent out invites for an experience in Los Angeles on Wednesday, October 28, and the "Pro and tell" tagline on the invitation likely means that the rumored MacBook models with touch-enabled OLED displays will stick with MacBook Pro branding instead of the once-rumored "MacBook Ultra" name. The long-rumored "iPhone Ultra" ended up being named iPhone Duo, so speculation that Apple...

Top Rated Comments

139 months ago
MacRumors has done a great job keeping up with this. Thanks.
Score: 55 Votes (Like | Disagree)
Crosscreek Avatar
139 months ago
I Stand With Apple!
Score: 32 Votes (Like | Disagree)
rick3000 Avatar
139 months ago
I just read the entire filing.

In my opinion, Apple has an extremely strong legal footing to defend their position. They attack the misuse of the All Writs Act on multiple fronts, with compelling precedents and examples. If anyone wants to skim the filling, the strongest arguments are made on page 25-34, with page 26 being my personal favorite:




Link to the full filing:
https://www.scribd.com/fullscreen/300524297?access_key=key-PxKT72gK0SepgrXiRuIt&allow_share=true&escape=false&view_mode=scroll

Attachment Image
Score: 25 Votes (Like | Disagree)
139 months ago
Not too long ago, the public and law-makers around the country urged Apple to secure its phones so they can't be used anymore in case they get stolen.
Now, some of the same law-makers somehow want a way around the protections erected specifically at their behest...

Not sure what Steve Jobs would do - he stayed out of politics as much as he could.
But one thing is sure - if somebody could sway a court or a jury, he could.

Though, to be fair, Tim also did very well in front of that Senate committee a while ago.
Score: 22 Votes (Like | Disagree)
rdlink Avatar
139 months ago
DAMN! Apple is serious about this.
As well they should be. Extremely important case. An epic and watershed moment in our history.
Score: 18 Votes (Like | Disagree)
bradl Avatar
139 months ago
The proverbial shot heard around the digital world?

Either way, here we go. The only question I have for everyone:

Buttered popcorn, or nachos? Because this is going to be good. :p

BL.
Score: 18 Votes (Like | Disagree)
Latest Stories
MacBook Neo Helps Apple Outpace Rivals as Market Declines
MacBook Neo Helps Apple Outpace Rivals as Market Declines
6 minutes ago
Happy 25th Anniversary, iPod
Happy 25th Anniversary, iPod
36 minutes ago
iPhone Duo Demand Reportedly Exceeds Apple's Expectations
iPhone Duo Demand Reportedly Exceeds Apple's Expectations
3 hours ago
iPhone Duo Launch Begins as First Orders Reach Customers
iPhone Duo Launch Begins as First Orders Reach Customers
9 hours ago
1Password for Agents Keeps Your Passwords Hidden From AI
1Password for Agents Keeps Your Passwords Hidden From AI
10 hours ago
iPhone Duo 24 Hours Later: Your Questions Answered
iPhone Duo 24 Hours Later: Your Questions Answered
11 hours ago
Apple's iWork Apps Get 'Intelligent Assistant' and iPhone Duo Support
Apple's iWork Apps Get 'Intelligent Assistant' and iPhone Duo Support
12 hours ago
Apple is Apparently Considering a Slightly Larger iPhone Duo
Apple is Apparently Considering a Slightly Larger iPhone Duo
12 hours ago
Giant iPhone Duo Displays Coming to Four Apple Stores
Giant iPhone Duo Displays Coming to Four Apple Stores
13 hours ago
Apple Pulls Keynote, Pages and Numbers From App Store [Update: Back]
Apple Pulls Keynote, Pages and Numbers From App Store [Update: Back]
14 hours ago
Apple Updates More Apps With iPhone Duo Support
Apple Updates More Apps With iPhone Duo Support
14 hours ago
Apple Will Label Apps 'Made for iPhone Duo' in App Store
Apple Will Label Apps 'Made for iPhone Duo' in App Store
17 hours ago
Amazon Takes $49 Off iPad With Prices Starting at $399.99
Amazon Takes $49 Off iPad With Prices Starting at $399.99
18 hours ago
F1 on Apple TV Now Available in Dolby Atmos
F1 on Apple TV Now Available in Dolby Atmos
18 hours ago
Apple Reveals More Than 50 Apps That Will Be Updated for iPhone Duo
Apple Reveals More Than 50 Apps That Will Be Updated for iPhone Duo
19 hours ago
Apple Blocks Certificates That Could Help Attackers Fake Websites
Apple Blocks Certificates That Could Help Attackers Fake Websites
20 hours ago
Giant iPhone Duo Installations Spotted at Apple Fifth Avenue
Giant iPhone Duo Installations Spotted at Apple Fifth Avenue
21 hours ago
iPhone Duo 2 Prototypes Include Under-Display Face ID
iPhone Duo 2 Prototypes Include Under-Display Face ID
21 hours ago
Tesla App Gains iPad and iPhone Duo Support
Tesla App Gains iPad and iPhone Duo Support
1 day ago
Apple Reportedly Boosts iPhone Duo Orders by 44%
Apple Reportedly Boosts iPhone Duo Orders by 44%
1 day ago
Fortnite Returning to Australian App Store After Court Ruling
Fortnite Returning to Australian App Store After Court Ruling
1 day ago
Apple Ordered to Open iPhone to Rival App Stores in Australia
Apple Ordered to Open iPhone to Rival App Stores in Australia
1 day ago
Apple Suppliers Face Hurdles Cutting Circuit Board Emissions
Apple Suppliers Face Hurdles Cutting Circuit Board Emissions
1 day ago
Things Updated for iPhone Duo With Adaptive Layout
Things Updated for iPhone Duo With Adaptive Layout
1 day ago
Simplicity and Siri AI Are HomeView's Killer Features, Apple Says
Simplicity and Siri AI Are HomeView's Killer Features, Apple Says
1 day ago
iPhone Duo Reviewers Really Miss Face ID
iPhone Duo Reviewers Really Miss Face ID
1 day ago
Does the iPhone Duo Run Hot? Here's What Reviews Found
Does the iPhone Duo Run Hot? Here's What Reviews Found
1 day ago
Apple Music's New Look is Now Live on Apple's Website
Apple Music's New Look is Now Live on Apple's Website
1 day ago
Anthropic Launches Claude Duet, a Proactive AI Agent
Anthropic Launches Claude Duet, a Proactive AI Agent
1 day ago
What 32,000 Folds Did to the iPhone Duo's Hinge
What 32,000 Folds Did to the iPhone Duo's Hinge
2 days ago