• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
TechWorld's Most Admired Companies

Apple Says FBI Seeks ‘Dangerous Power’

Robert Hackett
By
Robert Hackett
Robert Hackett
Down Arrow Button Icon
Robert Hackett
By
Robert Hackett
Robert Hackett
Down Arrow Button Icon
February 25, 2016, 4:35 PM ET
Bryan Thomas—Getty Images

Apple has filed its first motion to void a court order that would have it help the FBI access data on a terrorist’s iPhone by undermining software security features. The 65-page document, which lays the groundwork for a prolonged legal battle, details the company’s many objections to law enforcement’s request.

Get Data Sheet, Fortune’s technology newsletter.

“This is not a case about one isolated iPhone,” the document, filed Thursday, reads. “Rather, this case is about the Department of Justice and the FBI seeking through the courts a dangerous power that Congress and the American people have withheld: the ability to force companies like Apple to undermine the basic security and privacy interests of hundreds of millions of individuals around the globe.”

Apple (AAPL), which was not a party to the initial court proceedings, previously issued letters defending its defiant stance to customers and to employees. This is the company’s first motion directly addressing the courts and explaining the basis of its legal reasoning.

For more on Apple versus FBI startups, watch:

The filing argues that law enforcement attempted to short circuit a public discussion by seeking its ends through the U.S. court system. “Rather than pursue new legislation, the government backed away from Congress and turned to the courts, a forum ill-suited to address the myriad competing interests,” the document says. “By invoking ‘terrorism’ and moving ex parte behind closed courtroom doors, the government sought to cut off debate and circumvent thoughtful analysis.”

Apple CEO Tim Cook has previously called for Congress to take up the issue, arguing that the outcome of this would set a legal precedent for Apple to help the FBI in other investigations. FBI director James Comey has contended otherwise.

The Apple filing argues that this implementation of the All Writs Act, the law the FBI cites in support of its position, represents an overreach of government powers. It argues that the order violates the company’s First and Fifth Amendment rights by forcing it to write code that undermines Apple’s stance on personal privacy through “compelled speech,” and that it infringes on due process.

“No operating system currently exists that can accomplish what the government wants, and any effort to create one will require that Apple write new code, not just disable existing code functionality,” the filing says.

The Justice Department released a statement Thursday in response to Apple’s filing. “The Justice Department’s approach to investigating and prosecuting crimes has remained the same; the change has come in Apple’s recent decision to reverse its long-standing cooperation in complying with All Writs Act orders,” wrote DOJ spokesperson Melanie Newman, Ars Technica reports.

“Law enforcement has a longstanding practice of asking a court to require the assistance of a third-party in effectuating a search warrant. When such requests concern a technological device, we narrowly target our request to apply to the individual device. In each case, a judge must review the relevant information and agree that a third party’s assistance is both necessary and reasonable to ensure law enforcement can conduct a court-authorized search. Department attorneys are reviewing Apple’s filing and will respond appropriately in court.”

Other tech companies are expected to rally behind Apple, filing amicus briefs of their own in support of the company. Microsoft (MSFT), Twitter (TWTR), Amazon (AMZN) and Box (BOX) have all confirmed with Fortune their intention to do so. Sources tell Fortune that Facebook (FB) and Google (GOOG) are planning to back Apple as well.

Read the full filing here:

About the Author
Robert Hackett
By Robert Hackett
Instagram iconLinkedIn iconTwitter icon
See full bioRight Arrow Button Icon

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • Future 50
  • World’s Most Admired Companies
  • See All Rankings
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

lancaster
AIschools
Two private school boys get probation for using AI to create 350 fake nudes of their classmates
By Mark Scolforo and The Associated PressMarch 25, 2026
7 hours ago
melania
PoliticsWhite House
Enter Melania Trump, escorted by humanoid robot: ‘I’m Figure 03, a humanoid built for the United States of America’
By Darlene Superville and The Associated PressMarch 25, 2026
7 hours ago
bernie
AICongress
Bernie Sanders and AOC launch bill to ban new data-center construction
By Matthew Daly and The Associated PressMarch 25, 2026
7 hours ago
Big TechSocial Media
A court just ruled that tech addiction is real—and dangerous. It could be Meta and YouTube’s Big Tobacco moment
By Kristin StollerMarch 25, 2026
8 hours ago
Warner gestures
AIAmerican Politics
New college grad unemployment will spike to 35% in 2 years, senator warns, forcing ‘Dario, Sam’ to quit AI fear-mongering
By Jacqueline MunisMarch 25, 2026
9 hours ago
Big TechMeta
Meta and YouTube found liable in landmark child social media harm case, ordered to pay $3 million—with punitive damages still to come
By Kaitlyn Huamani, Barbara Ortutay and The Associated PressMarch 25, 2026
9 hours ago

Most Popular

Magazine
The youngest-ever female CEO of a Fortune 500 company is fighting Trump's cuts to keep Medicaid strong
By Fortune EditorsMarch 24, 2026
2 days ago
Commentary
The Treasury just declared the U.S. insolvent. The media missed it
By Fortune EditorsMarch 23, 2026
3 days ago
Success
Palantir’s billionaire CEO says only two kinds of people will succeed in the AI era: trade workers — ‘or you’re neurodivergent’
By Fortune EditorsMarch 24, 2026
2 days ago
Success
The job market is so bad that ‘reverse recruiters’ are charging $1,500 a month just to help people look for jobs
By Fortune EditorsMarch 25, 2026
20 hours ago
Success
JPMorgan’s Jamie Dimon says remote work breeds ‘rope-a-dope politics’ and stunts young workers’ growth
By Fortune EditorsMarch 25, 2026
12 hours ago
Success
JPMorgan has started monitoring the keystrokes, video calls, and meetings of its junior investment bankers—and they say it's for employee well-being
By Fortune EditorsMarch 24, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.