Apple Files Official Motion to Vacate Court Order, Says FBI Seeks 'Dangerous Power' - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

Apple Files Official Motion to Vacate Court Order, Says FBI Seeks 'Dangerous Power'

Apple has officially filed a motion (via Re/code) to vacate the court order that would require the company to help the FBI hack into the iPhone 5c of San Bernardino shooter Syed Farook. "This is not a case about one isolated iPhone," reads the filing, going on to say the FBI is seeking a "dangerous power" that would undermine the security and privacy interests of hundreds of millions of people.

As expected, Apple argues that the All Writs Act, which the FBI is using in the case, does not give the government a pass to "conscript and commandeer" the company. "No law supports such unlimited and sweeping use of the judicial process," Apple writes. "And the Constitution forbids it." Apple believes setting a precedent for allowing the All Writs Act to be used in this way could lead to more insidious demands in the future, such as turning on the microphone or camera to aid in surveillance.

applefbi
Apple says FBI's demand for new code would violate its First and Fifth Amendment rights, as it is the equivalent of compelled speech and is contrary to Apple's core principles. Apple also points towards the Communications Assistance for Law Enforcement Act, using it as evidence Congress limited the assistance companies must provide to law enforcement.

In addressing the twin needs of law enforcement and privacy, Congress, through CALEA, specified when a company has an obligation to assist the government with decryption of communications, and made clear that a company has no obligation to do so where, as here, the company does not retain a copy of the decryption key.

Apple says the government "sought to cut off debate and circumvent thoughtful analysis" by taking the case to the courts and invoking terrorism instead of pursuing new legislation. Once again, Apple says the FBI's demand to create new software that would allow it to brute force the passcode on the iPhone in question is "too dangerous to build" because it could fall into the hands of criminals and foreign agents.

In short, the government wants to compel Apple to create a crippled and insecure product. Once the process is created, it provides an avenue for criminals and foreign agents to access millions of iPhones. And once developed for our government, it is only a matter of time before foreign governments demand the same tool.

While the government insists the software would be used for a single phone, Apple points out that there are already multiple applications for similar orders. Assisting the FBI could quickly lead to additional orders using the case as a precedent should Apple be ordered to comply.

According to Apple, creating the software the FBI wants would necessitate between six and 10 Apple engineers dedicating a "substantial portion of their time" for a minimum of two weeks and up to four weeks.

It would require new code, detailed documentation, the development of encryption procedures, and rigorous quality assurance testing with the entire development process carefully logged. If the need should arise to respond to multiple demands, Apple would need to create "full-time positions" in a new "hacking" department.

Apple ends its motion by calling for the decision on security to be made by American citizens through the democratic process rather than through a court order.

Society is still debating the important privacy and security issues posed by this case. The government's desire to leave no stone unturned, however well intentioned, does not authorize it to cut off debate and impose its views on society.

Now that Apple has filed its official opposition, it will need to wait for a response from the courts. Should the motion to vacate be denied by the district court, Apple has pledged to take its fight all the way to the Supreme Court.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

iOS 28 AI

Apple Taking New Approach to Developing iOS 28 and macOS 28

Sunday November 8, 2026 7:42 am PST by
Apple has made a change to its development process for iOS 28, macOS 28, and corresponding software updates, according to Bloomberg's Mark Gurman. In his Power On newsletter today, he said Apple separates development of each year's new operating systems into three major stages. Typically, he said each stage consists of four weeks of coding followed by a four-week "convergence" period where...
duo aquarium

More Fun iPhone Duo Apps: 30 New Picks to Try

Friday November 6, 2026 3:27 pm PST by
When the iPhone Duo launched, we shared a list of some of the fun apps developers created for the new form factor. Two weeks out, developers are continuing to come up with fresh ideas, so we thought we'd share some of our favorites. Games Marbles Unhinged ($2.99) - Marbles Unhinged is a marble maze designed for the Duo. When you fold it, the floor turns into a ramp. If you stand the top...
apple pro tell logo

Apple Launching Five New Products Today

Thursday November 5, 2026 12:59 am PST by
Apple is launching five new products on Friday, November 6, following pre-orders that opened last week, including its first touchscreen MacBook Pro models. The following new products will be available from today: iPad mini with OLED display and A20 Pro chip iMac with M6 chip 14-inch MacBook Pro with M6 chip 14-inch MacBook Pro with OLED touchscreen 16-inch MacBook Pro with OLED...

Top Rated Comments

140 months ago
MacRumors has done a great job keeping up with this. Thanks.
Score: 55 Votes (Like | Disagree)
Crosscreek Avatar
140 months ago
I Stand With Apple!
Score: 32 Votes (Like | Disagree)
rick3000 Avatar
140 months ago
I just read the entire filing.

In my opinion, Apple has an extremely strong legal footing to defend their position. They attack the misuse of the All Writs Act on multiple fronts, with compelling precedents and examples. If anyone wants to skim the filling, the strongest arguments are made on page 25-34, with page 26 being my personal favorite:




Link to the full filing:
https://www.scribd.com/fullscreen/300524297?access_key=key-PxKT72gK0SepgrXiRuIt&allow_share=true&escape=false&view_mode=scroll

Attachment Image
Score: 25 Votes (Like | Disagree)
140 months ago
Not too long ago, the public and law-makers around the country urged Apple to secure its phones so they can't be used anymore in case they get stolen.
Now, some of the same law-makers somehow want a way around the protections erected specifically at their behest...

Not sure what Steve Jobs would do - he stayed out of politics as much as he could.
But one thing is sure - if somebody could sway a court or a jury, he could.

Though, to be fair, Tim also did very well in front of that Senate committee a while ago.
Score: 22 Votes (Like | Disagree)
rdlink Avatar
140 months ago
DAMN! Apple is serious about this.
As well they should be. Extremely important case. An epic and watershed moment in our history.
Score: 18 Votes (Like | Disagree)
bradl Avatar
140 months ago
The proverbial shot heard around the digital world?

Either way, here we go. The only question I have for everyone:

Buttered popcorn, or nachos? Because this is going to be good. :p

BL.
Score: 18 Votes (Like | Disagree)
Latest Stories
Meta's Muse AI Agent Comes to Apple Watch
Meta's Muse AI Agent Comes to Apple Watch
33 minutes ago
Anker Launches Eufy Security Cam With Auto-Tracking Light
Anker Launches Eufy Security Cam With Auto-Tracking Light
41 minutes ago
macOS 27.2.1 Fixes eMudhra Certificate Flaw in Command-Line Tools
macOS 27.2.1 Fixes eMudhra Certificate Flaw in Command-Line Tools
2 hours ago
Anthropic Launches Claude Fable 5.2 and Mythos 5.2
Anthropic Launches Claude Fable 5.2 and Mythos 5.2
3 hours ago
Apple Releases macOS Golden Gate 27.2.1
Apple Releases macOS Golden Gate 27.2.1
4 hours ago
Apple Releases iOS 27.2.1 With Bug Fixes
Apple Releases iOS 27.2.1 With Bug Fixes
4 hours ago
Apple Releases watchOS 27.2.1 and visionOS 27.2.1 With Security Fixes
Apple Releases watchOS 27.2.1 and visionOS 27.2.1 With Security Fixes
4 hours ago
Apple Watch Ultra 4 Gets $99 Amazon Discounts, Starting at $699.99
Apple Watch Ultra 4 Gets $99 Amazon Discounts, Starting at $699.99
4 hours ago
Apple Pay Ad Features Martial Arts Convenience Store Food Fight
Apple Pay Ad Features Martial Arts Convenience Store Food Fight
5 hours ago
Apple Continues to Say Some AI Features Will Have Fees for Extra Usage
Apple Continues to Say Some AI Features Will Have Fees for Extra Usage
5 hours ago
Apple Announces Türkiye Expansion Plans as Tim Cook Visits
Apple Announces Türkiye Expansion Plans as Tim Cook Visits
6 hours ago
Singapore Saved Apple $2.7 Billion in Taxes This Year
Singapore Saved Apple $2.7 Billion in Taxes This Year
6 hours ago
Apple Music's 2026 Artist of the Year is Olivia Dean
Apple Music's 2026 Artist of the Year is Olivia Dean
6 hours ago
This Could Be Your Last Chance to Pre-Order the HomeView at a Discount
This Could Be Your Last Chance to Pre-Order the HomeView at a Discount
7 hours ago
Some HomePod Mini 2 Buyers Returning Units Over Mac Speaker Issues
Some HomePod Mini 2 Buyers Returning Units Over Mac Speaker Issues
7 hours ago
MacBook Pro With PROLED XDR Display: Details You Might Have Missed
MacBook Pro With PROLED XDR Display: Details You Might Have Missed
7 hours ago
Satechi Offers MacRumors Readers 30% Off Select Accessories in Early Black Friday Sale
Satechi Offers MacRumors Readers 30% Off Select Accessories in Early Black Friday Sale
7 hours ago
Leaker Envisions a Shorter iPhone With a New iOS Layout
Leaker Envisions a Shorter iPhone With a New iOS Layout
8 hours ago
Apple to Give You More Control Over When Your Mac Passwords Lock
Apple to Give You More Control Over When Your Mac Passwords Lock
9 hours ago
Siri Is Getting a Better Memory
Siri Is Getting a Better Memory
9 hours ago
iPhone 18e Could Feature Bigger Display and Battery
iPhone 18e Could Feature Bigger Display and Battery
10 hours ago
Apple's Siri Boss May Leave - Here's Who Could Take Over
Apple's Siri Boss May Leave - Here's Who Could Take Over
10 hours ago
Apple Launching Two More New Products This Friday
Apple Launching Two More New Products This Friday
10 hours ago
Apple Store Subscription Sign-Up Controversy Exposed
Apple Store Subscription Sign-Up Controversy Exposed
19 hours ago
Siri AI Rumored to Become 'More Like an Agent' as Early as Next Year
Siri AI Rumored to Become 'More Like an Agent' as Early as Next Year
1 day ago
Apple Taking New Approach to Developing iOS 28 and macOS 28
Apple Taking New Approach to Developing iOS 28 and macOS 28
1 day ago
Early Apple Black Friday Deals on Apple Watch, MacBook Air, and More
Early Apple Black Friday Deals on Apple Watch, MacBook Air, and More
2 days ago
'Backglow' Lets You Customize New MacBook Pro's Glowing Apple Logo
'Backglow' Lets You Customize New MacBook Pro's Glowing Apple Logo
2 days ago
Top Stories: Apple Product Launches, iOS 27.3 Beta, and More
Top Stories: Apple Product Launches, iOS 27.3 Beta, and More
2 days ago
More Fun iPhone Duo Apps: 30 New Picks to Try
More Fun iPhone Duo Apps: 30 New Picks to Try
3 days ago