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

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...
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 pro tell logo

Apple Announcing New Products Next Week: 'Pro and Tell'

Monday October 19, 2026 9:05 am PDT by
Apple's Greg Joswiak today hinted at new product announcements coming next week, sharing a social media post that says "Can't wait to pro and tell next week." Rumors suggest Apple is planning to debut the new MacBook Pro with an OLED touchscreen display, an M6 entry-level MacBook Pro, an M6 iMac, an iPad mini with an OLED display. Can't wait to pro and tell next week....

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
Tesla App Gains iPad and iPhone Duo Support
Tesla App Gains iPad and iPhone Duo Support
40 minutes ago
Apple Reportedly Boosts iPhone Duo Orders by 44%
Apple Reportedly Boosts iPhone Duo Orders by 44%
1 hour ago
Fortnite Returning to Australian App Store After Court Ruling
Fortnite Returning to Australian App Store After Court Ruling
2 hours ago
Apple Ordered to Open iPhone to Rival App Stores in Australia
Apple Ordered to Open iPhone to Rival App Stores in Australia
2 hours ago
Apple Suppliers Face Hurdles Cutting Circuit Board Emissions
Apple Suppliers Face Hurdles Cutting Circuit Board Emissions
2 hours ago
Things Updated for iPhone Duo With Adaptive Layout
Things Updated for iPhone Duo With Adaptive Layout
3 hours ago
Simplicity and Siri AI Are HomeView's Killer Features, Apple Says
Simplicity and Siri AI Are HomeView's Killer Features, Apple Says
3 hours ago
iPhone Duo Reviewers Really Miss Face ID
iPhone Duo Reviewers Really Miss Face ID
8 hours ago
Does the iPhone Duo Run Hot? Here's What Reviews Found
Does the iPhone Duo Run Hot? Here's What Reviews Found
9 hours 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
10 hours ago
Anthropic Launches Claude Duet, a Proactive AI Agent
Anthropic Launches Claude Duet, a Proactive AI Agent
11 hours ago
What 32,000 Folds Did to the iPhone Duo's Hinge
What 32,000 Folds Did to the iPhone Duo's Hinge
11 hours ago
iPhone Duo's Hidden FaceTime Camera Takes 'Trash' Photos
iPhone Duo's Hidden FaceTime Camera Takes 'Trash' Photos
13 hours ago
iPhone Duo Has 'Edge Light' Feature That Debuted on Macs Last Year
iPhone Duo Has 'Edge Light' Feature That Debuted on Macs Last Year
14 hours ago
Apple Support App Updated for iPhone Duo's Larger Display
Apple Support App Updated for iPhone Duo's Larger Display
14 hours ago
Amazon Sweetens the Deal on Entry-Level 16-Inch MacBook Pro With $570 Off
Amazon Sweetens the Deal on Entry-Level 16-Inch MacBook Pro With $570 Off
14 hours ago
iPhone Duo Tips Over on MagSafe Stands When Unfolded
iPhone Duo Tips Over on MagSafe Stands When Unfolded
14 hours ago
Apple Music's New Look Officially Announced
Apple Music's New Look Officially Announced
15 hours ago
iPhone Duo Supports Apple Pencil Starting With iOS 27.2
iPhone Duo Supports Apple Pencil Starting With iOS 27.2
16 hours ago
iPhone Duo Accessories Roundup: Cases and Screen Protectors From OtterBox, ZAGG, and More
iPhone Duo Accessories Roundup: Cases and Screen Protectors From OtterBox, ZAGG, and More
17 hours ago
Apple Stores Will Have 'Limited' Availability of iPhone Duo for Walk-In Customers
Apple Stores Will Have 'Limited' Availability of iPhone Duo for Walk-In Customers
17 hours ago
iPhone Duo Reviews Explain Why Device is Both 'Fun' and 'Frustrating'
iPhone Duo Reviews Explain Why Device is Both 'Fun' and 'Frustrating'
18 hours ago
Apple Says 'Reachability' Feature Coming to iPhone Duo Later This Year
Apple Says 'Reachability' Feature Coming to iPhone Duo Later This Year
19 hours ago
Loop Capital Cuts Apple Rating Over iPhone Sales Outlook
Loop Capital Cuts Apple Rating Over iPhone Sales Outlook
23 hours ago
Apple Stores in Bordeaux and Lille Looted During French Protests
Apple Stores in Bordeaux and Lille Looted During French Protests
23 hours ago
Bluesound Adds Native Apple Music Support
Bluesound Adds Native Apple Music Support
23 hours ago
Apple CEO John Ternus Explains What Makes Good Product Design
Apple CEO John Ternus Explains What Makes Good Product Design
1 day ago
UK Proposes New Ways to Help Apple Pay Rivals
UK Proposes New Ways to Help Apple Pay Rivals
1 day ago
WhatsApp Developing In-App Browser for All Chat Links on iPhone
WhatsApp Developing In-App Browser for All Chat Links on iPhone
1 day ago
Apple's App Store Chief Explains Its Push for Premium Games
Apple's App Store Chief Explains Its Push for Premium Games
1 day ago