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Here Is What The Apple Attorney Will Say To Convince The Congressional Committee Over Its Ongoing Battle With The FBI

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The Apple versus Federal Bureau Of Investigation — and by extension the US Government — case is gathering momentum and tomorrow will be an significant day which may just give us a glimpse into the thoughts of the lawmakers on the topic.

Tomorrow, Apple’s general counsel Bruce Sewell will be putting his case before a congressional Judiciary Committee in a hearing that will discuss reaching a point that is able to preserve the Security and Privacy of the public.

For those who are unfamiliar with the case, Apple was asked to wantonly weaken the security of its devices and create an exploitable backdoor by the investigation agency, after the latter ran into issues while trying to break into the iPhone 5c belonging to one of the San Bernardino shooters. What’s more, the order couched as a request had the backing of a California, court of law.

Understandably, Apple refused and has been since challenging the decision in all available avenues. The company argues that acquiescing here will be tantamount to setting what it’s calling a “dangerous precedent”, which may lead to the authorities violating the privacy of the public under cover of security.

And that’s not even taking into account the increased risk other Apple users would be exposed to from every wayward hacker worth his name, should the FBI-desired, weakened iOS, somehow make its way to the public.

However, from the FBI’s viewpoint, not being able to prevent attacks and illegal activities from happening just because Apple didn’t want to help it get around the security of its iPhones — Well, reaching a balance that takes the safety and the privacy of the users into account, is going to be a tough job for the committee and the lawmakers.

This is what will be discussed tomorrow before the lawmakers committee that will play a crucial role in determining the final verdict. Tommorows hearing has acquired even greater significance considering that a New York court verdict that came out today, has put Apple on an equal footing with the FBI — constitutionally speaking — by ruling in its favour and throwing out a request to force it to weaken the security of its devices.

Here is a copy of Bruce Sewell’s full address before the court.

Opening Statement of Bruce Sewell before the House Judiciary Committee | Tuesday, March 1, 2016

Thank you, Mr. Chairman. It’s my pleasure to appear before you and the Committee today on behalf of Apple. We appreciate your invitation and the opportunity to be part of the discussion on this important issue which centers on the civil liberties at the foundation of our country.

I want to repeat something we have said since the beginning — that the victims and families of the San Bernardino attacks have our deepest sympathies and we strongly agree that justice should be served. Apple has no sympathy for terrorists.

We have the utmost respect for law enforcement and share their goal of creating a safer world. We have a team of dedicated professionals that are on call 24 hours a day, seven days a week, 365 days a year to assist law enforcement. When the FBI came to us in the immediate aftermath of the San Bernardino attacks, we gave all the information we had related to their investigation. And we went beyond that by making Apple engineers available to advise them on a number of additional investigative options.

But we now find ourselves at the center of an extraordinary circumstance. The FBI has asked a Court to order us to give them something we don’t have. To create an operating system that does not exist — because it would be too dangerous. They are asking for a backdoor into the iPhone — specifically to build a software tool that can break the encryption system which protects personal information on every iPhone.

As we have told them — and as we have told the American public — building that software tool would not affect just one iPhone. It would weaken the security for all of them. In fact, just last week Director Comey agreed that the FBI would likely use this precedent in other cases involving other phones. District Attorney Vance has also said he would absolutely plan to use this on over 175 phones. We can all agree this is not about access to just one iPhone.

The FBI is asking Apple to weaken the security of our products. Hackers and cyber criminals could use this to wreak havoc on our privacy and personal safety. It would set a dangerous precedent for government intrusion on the privacy and safety of its citizens.

Hundreds of millions of law-abiding people trust Apple’s products with the most intimate details of their daily lives – photos, private conversations, health data, financial accounts, and information about the user’s location as well as the location of their friends and families. Some of you might have an iPhone in your pocket right now, and if you think about it, there’s probably more information stored on that iPhone than a thief could steal by breaking into your house. The only way we know to protect that data is through strong encryption.

Every day, over a trillion transactions occur safely over the Internet as a result of encrypted communications. These range from online banking and credit card transactions to the exchange of healthcare records, ideas that will change the world for the better, and communications between loved ones. The US government has spent tens of millions of dollars through the Open Technology Fund and other US government programs to fund strong encryption. The Review Group on Intelligence and Communications Technology, convened by President Obama, urged the US government to fully support and not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software.

Encryption is a good thing, a necessary thing. We have been using it in our products for over a decade. As attacks on our customers’ data become increasingly sophisticated, the tools we use to defend against them must get stronger too. Weakening encryption will only hurt consumers and other well-meaning users who rely on companies like Apple to protect their personal information.

Today’s hearing is titled Balancing Americans’ Security and Privacy. We believe we can, and we must, have both. Protecting our data with encryption and other methods preserves our privacy and it keeps people safe.

The American people deserve an honest conversation around the important questions stemming from the FBI’s current demand:

Do we want to put a limit on the technology that protects our data, and therefore our privacy and our safety, in the face of increasingly sophisticated cyber attacks? Should the FBI be allowed to stop Apple, or any company, from offering the American people the safest and most secure product it can make?

Should the FBI have the right to compel a company to produce a product it doesn’t already make, to the FBI’s exact specifications and for the FBI’s use?

We believe that each of these questions deserves a healthy discussion, and any decision should be made after a thoughtful and honest consideration of the facts.

Most importantly, the decisions should be made by you and your colleagues as representatives of the people, rather than through a warrant request based on a 220 year- old-statute.

At Apple, we are ready to have this conversation. The feedback and support we’re hearing indicate to us that the American people are ready, too.

We feel strongly that our customers, their families, their friends and their neighbors will be better protected from thieves and terrorists if we can offer the very best protections for their data. And at the same time, the freedoms and liberties we all cherish will be more secure.

Thank you for your time. I look forward to answering your questions.

Well, Apple is certainly not willing to compromise on its stand and it’s situation on the issue looks to be getting strengthened over time. However, we do not expect the FBI to cave easily — if at all — and the hearing, which has been quite aptly titled “The Encryption Tightrope” — “Balancing Americans’ Security and Privacy” may play a significant role in deciding the final outcome.

Rest assured, we will keep you updated on the outcome of the debate. Meanwhile, polls over the topic are fluctuating and while some show that the majority of Americans stand with the FBI over the topic, the husband of one of the survivors of the terrorist attack has recently publicly spoken in Apples favour.

A bibliophile and a business enthusiast.

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