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Apple v. FBI: Brief in Support of Neither Party in San Bernardino Iphone Case

17 Pages Posted: 10 Mar 2016 Last revised: 22 Mar 2016

David W. Opderbeck

Seton Hall University - School of Law

Justin (Gus) Hurwitz

University of Nebraska at Lincoln - College of Law

Date Written: March 10, 2016

Abstract

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

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

David Opderbeck

Seton Hall University - School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States
973-642-8496 (Phone)

Justin Hurwitz (Contact Author)

University of Nebraska at Lincoln - College of Law ( email )

103 McCollum Hall
P.O. Box 830902
Lincoln, NE 68583-0902
United States

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