In the filing, Apple’s main argument is that its software is protected speech, and that the government asking the company to fabricate software that goes against its beliefs is a violation of its First and Fifth Amendment rights.
We read through the 65-page filing, and spotted the following revelations.
Apple outlined all the resources required to create the hackable version of iOS, which the company refers to “GovtOS.” Because such software does not currently exist, Apple will have to create it from scratch, as opposed to simply tweaking its latest version of iOS. That will require six to ten Apple engineers and employees working for at least two weeks—but more likely up to four weeks. Apple will have to write new code, design and test new functionalities, and prepare documentation and procedures.
Furthermore, Apple will either have to create a brute-force tool to enter passcodes, or help the FBI build it. Once GovtOS is created, the software will have to go through Apple’s quality assurance and security testing. And Apple will have to record exactly how all of this was developed in case it ever comes up in court. To top it off, “if the new operating system has to be destroyed and recreated each time a new order is issued, the burden will multiply.”
The government is citing the All Writs Act of 1789 in its court order, but Apple is claiming its use here is unjustified. In another pending case regarding a drug dealer’s iPhone, the judge said that the All Writs Act cannot be used to give the government this type of authority without approval from Congress. Apple is arguing that Congress actually gave the company protection in 1994 when it enacted the Communications Assistance for Law Enforcement Act (CALEA).