The American Civil Liberties Union filed an amicus brief in federal court, backing Apple's stand on security and privacy of its users after the San Bernardino case.
In February this year a federal judge decided that Apple must develop software allowing the FBI to access San Bernardino's shooter phone.
ACLU warns that the court order forcing Apple to offer FBI the decryption software for its iPhone can set itself as a terrible precedent. According to the union, the FBI's argumentation has the potential to lead to a radical shift in the relationship between the government and its citizens.
In the amicus brief, ACLU labels [pdf] the court order as "unlawful and unconstitutional."
"Law enforcement may not commandeer innocent third parties into becoming its undercover agents, its spies, or its hackers," the brief reads.
Digital rights groups Wickr Foundation and Access Now also joined ACLU in the legal proceedings by submitting friend-of-the-court filings. In the fillings, the groups express their concerns over "the intentional weakening of digital security." In their view, global human rights could suffer if Apple gives in to the pressure from the authorities.
The App Association (AA), an advocacy group that acts on behalf of more than 5,000 small and midsize app technology firms and developers, also supports Apple in the case. The AA filed its own amicus, arguing that the government's request could seriously brittle the app creation sector.
"[Enforcing the court creates] a devastating impact on the entire industry," says Morgan Reed, executive director of the App Association.
The iPhone that caused the legal clash was used by San Bernardino shooter Syed Rizwan Farook and it belongs to his employer. To make matters more complicated, the device not only needs special coding for decryption, but sports an additional security feature. Due to it, the smartphone will self-erase all data after 10 incorrect password attempts.
James Comey, director of the FBI, advocated for the unlocking of the phone from day one. During a hearing of the U.S. House Judiciary Committee on Tuesday, Comey suggested that the decryption could aid the FBI in future cases. This goes to show that, in spite of public discourse, the authorities do not view the unlocking of the San Bernardino as a one-time event.
Apple said that privacy concerns and the compromise of all its encryption mechanism are at stake, should it follow through with the order. The company added that creating backdoors can have consequences that can impact national security and refused to comply with the court order.
A magistrate judge in Brooklyn also sided with Apple, pointing out that the Justice Department holds no authority in forcing OEMs to hack their devices, only because the U.S. Congress has considered giving law enforcement that power.
On March 22, Judge Sheri Pym will review Apple's appeal of the court order. The massive support Apple receives from the tech industry is tied to the approaching deadline.
Big names from the industry such as Facebook, Google, Twitter and Microsoft also announced that they will file similar briefs. Meanwhile, other Silicon Valley enterprises and leaders openly expressed their support for Apple's dedication to encryption and user safety.
