17 Pages Posted: 10 Mar 2016 Last revised: 22 Mar 2016
Date Written: March 10, 2016
Draft Amicus Brief in support of neither party in the review of the FBI's request for an order requiring Apple to assist in the unlocking of the iPhone used by one of the San Bernardino shooters. This brief argues that, contrary to arguments made by other amici, 1) the process adopted by Judge Pym in this matter affords Apple sufficient due process, 2) separation of powers considerations have been previously addressed by the Supreme Court and do not resolve this case, 3) CALEA and ECPA are inapposite to and do not resolve this case, and 4) CALEA's encryption exemption either is inapposite to this case or indicates that the court can require Apple's assistance.
Keywords: CALEA, Apple, iPhone, AWA, all writs encryption
Suggested Citation: Suggested Citation
Opderbeck, David W. and Hurwitz, Justin (Gus), Apple v. FBI: Brief in Support of Neither Party in San Bernardino Iphone Case (March 10, 2016). Available at SSRN: https://ssrn.com/abstract=2746100 or http://dx.doi.org/10.2139/ssrn.2746100