Tech companies rally behind Apple in the fight against FBI [Updated]

BY Evan Selleck

Published 3 Mar 2016

AT&T building

While Facebook, Google, and other companies and their executives have already sided with Apple in the battle with the Federal Bureau of Investigation over encryption, wireless carriers have remained silent.

That has changed, as far as AT&T is concerned. The Big Blue carrier has officially filed an amicus, or “friend of the court,” brief in favor of Apple’s position. Specifically, in this case, the FBI is asking Apple to purposefully create a way, or a “backdoor,” to access an iPhone 5c that was utilized by one of the shooters at the San Bernardino event.

AT&T, or its part, is stating that, above all else, this decision should not be made by the courts, but instead by Congress. Just has been echoed by Apple itself:

“Only Congress can address these issues in a sufficiently comprehensive, uniform, and fair manner. All of us—the government, the courts, consumers and companies—need clear and uniform rules that can be produced only through a broadly-informed, transparent and accountable legislative process. In the meantime, we should not consider the All Writs Act, which merely authorizes the judiciary to enforce existing law, as a substitute for that process.”

Update:

Apple has launched a dedicated page that shows the many different companies that have offered their support to Apple in this case. That includes Twitter, Square, Airbnb, and many others. You can see it right here.

Update 2:

Five families of the victims of the San Bernardino shooters have come forward, all filing an amicus brief to request Apple to assist the FBI in accessing one of the shooters’ iPhone.

The full statement from AT&T can be read below. It’s another big name in Apple’s corner in the debate, which is sure to go on for quite some time.

Today, AT&T filed a “friend of the court” brief with the magistrate judge for the U.S. District Court for the Central District of California, urging the court to vacate its order requiring Apple to take some fairly extraordinary steps to assist the FBI in unlocking the iPhone used by one of the perpetrators of the San Bernardino shootings.

This case involves two interests that all Americans share: keeping our citizens safe and protecting our personal privacy. As a company committed to both, the critical issue to AT&T is whether those interests will be balanced on an ad hoc basis by judges presiding over individual cases or by Congress providing a clear, uniform legal framework for all participants in the new digital economy. We felt it important to add our voice to this conversation because we believe that, as a matter of law and policy, Congress is the right body to decide this balance.

Technology has changed dramatically since Congress last addressed these issues in 1994. Then, Congress focused on what telecommunications carriers like AT&T may be required to do to assist law enforcement and national security officials. Now, the government seeks data stored by many other types of companies, from device manufacturers to social media, search, and applications companies, among others. But our laws have not kept pace with technology.

Only Congress can address these issues in a sufficiently comprehensive, uniform, and fair manner. All of us—the government, the courts, consumers and companies—need clear and uniform rules that can be produced only through a broadly-informed, transparent and accountable legislative process. In the meantime, we should not consider the All Writs Act, which merely authorizes the judiciary to enforce existing law, as a substitute for that process.

Like all Americans, we were deeply saddened by the tragic events of San Bernardino. Without question, the government should use every lawful means to investigate those crimes, and that includes compelling Apple’s cooperation to the full extent permitted by law. In this case, however, the government seeks more than what can be supported under the law as it is written today. The solution is for Congress to pass new legislation that provides real clarity for citizens and companies alike.

Update 3:

Here’s a complete list of tech companies, organizations, and individuals who have filed court documents supporting Apple against FBI (via Re/code):

  • A group of 32 law professors.
  • Access Now and Wickr Foundation. Access Now is a civil society organization dedicated to extending the digital rights of users around the world. The Wickr Foundation is a nonprofit group that champions private communications and uncensored access to information.
  • ACT/The App Association, a group that represents more than 5,000 app companies. Its sponsors include Apple,  Facebook, Microsoft and Verizon.
  • Airbnb, Atlassian, Automattic, CloudFlare, eBay, GitHub, Kickstarter, LinkedIn, Mapbox, Medium, Meetup, Reddit, Square, Squarespace, Twilio, Twitter and Wickr.
  • American Civil Liberties Union, a nationwide nonprofit organization dedicated to principles of liberty and equality.
  • David Kaye, United Nations Special Rapporteur, who prepared a report on the use of encryption and anonymity in digital communications.
  • AT&T
  • AVG Technologies, Data Foundry, Golden Frog, the Computer & Communications Industry Association, the Internet Association and the Internet Infrastructure Coalition.
  • BSA/The Software Alliance, the Consumer Technology Association, the Information Technology Council and TechNet.
  • Computer security experts Dino Dai Zovi, Dan Boneh, Charlie Miller, Hovav Shacham, Bruce Schneier, Dan S. Wallach and Jonathan Zdziarski.
  • Electronic Frontier Foundation and 46 technologists, researchers and cryptographers
  • Intel
  • The Media Institute
  • Salihin Kondoker, a San Bernardino resident whose wife was shot three times in the attack.