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  • US House members mull court filing arguing Congress should decide Apple-FBI fight

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    A report on Monday claims members of the House Judiciary Committee are mulling an amicus curiae brief filing in the Apple-FBI encryption debate, arguing the dispute should be settled by Congress, not the courts.

    Citing multiple sources familiar with the committee's plans, Reuters reports the "friend of the court" filing, if it is lodged, would argue that the government's motion to compel Apple's assistance in unlocking an iPhone involved in last year's San Bernardino shooting threatens the constitutional separation of powers.

    The publication said the filing is unlikely to come from the committee itself, but rather individual members on both sides of the aisle. A concrete timeline has yet to be fleshed out, though sources say any potential filing would likely be lodged after Tuesday's Judiciary Committee hearing on encryption. Apple general counsel Bruce Sewell and FBI Director James Comey are scheduled to be in attendance.

    Word of prospective congressional pressure comes just hours after a U.S. federal magistrate judge in New York raised similar concerns regarding the separation judicial and legislative powers in a ruling that denied a government motion to compel Apple's assistance in a separate iPhone unlocking case.

    "It is also clear that the government has made the considered decision that it is better off securing such crypto-legislative authority from the courts (in proceedings that had always been, at the time it filed the instant Application, shielded from public scrutiny) rather than taking the chance that open legislative debate might produce a result less to its liking," Magistrate Judge James Orenstein wrote in his ruling.

    Commenting on the issue last week, Apple CEO Tim Cook suggested the government withdraw its demands and form a commission to discuss the broader implications of forcing tech break their own security.

    In a related development, Reuters on Monday pointed to a Fox News interview in which U.S. Attorney General Loretta Lynch said she hopes Apple ultimately decides to comply with the federal court order handed down in California.

    "It is still our hope that they will see their way clear to complying with that order as thousands of other companies do every day," Lynch said.

    Original Source
    This article was originally published in forum thread: US House members mull court filing arguing Congress should decide Apple-FBI fight started by Caiden Spencer View original post
    Comments 4 Comments
    1. King_O_Hill's Avatar
      King_O_Hill -
      Now we're finally getting somewhere!

      Is the AG really saying that thousands of companies comply with a court order that asks them to break their security? Is she on crack? Ok, let's throw out the security part and I very highly doubt that there are thousands of court orders issued everyday, let alone complied with. How sad is it that the AG doesn't respect the constitution.

      Canada is starting to look real good!
    1. Purple Minion's Avatar
      Purple Minion -
      Quote Originally Posted by King_O_Hill View Post
      Now we're finally getting somewhere!

      Is the AG really saying that thousands of companies comply with a court order that asks them to break their security? Is she on crack? Ok, let's throw out the security part and I very highly doubt that there are thousands of court orders issued everyday, let alone complied with. How sad is it that the AG doesn't respect the constitution.

      Canada is starting to look real good!
      This is why I voted for Bernie. Not that I expect him to win. I'm just sick to death of the status quo.

      Both the front runners say Apple should give up their morals and just cave in to government demands.

      I love my country, but I fear my government.
    1. Zokunei's Avatar
      Zokunei -
      Quote Originally Posted by Purple Minion View Post
      This is why I voted for Bernie. Not that I expect him to win. I'm just sick to death of the status quo.

      Both the front runners say Apple should give up their morals and just cave in to government demands.

      I love my country, but I fear my government.
      I'm disappointed that Bernie hasn't taken a position on this issue. I mean, all the Republican candidates are against Apple, but I don't think any politician should not be expected to take a position by now.
    1. RoloDiva13's Avatar
      RoloDiva13 -
      So, because congress didn't like a federal judge siding with Apple they want to move the decision to be made...by themselves?? Say wha?! There is no reason this should be handled by the legislative branch. Keep it in the judiciary where it belongs. At least that way it's more likely to be decided based on actual law rather than what these rights-snatching politicians want.

      Also, if the gvt thinks we're this stupid not to realize this isn't the only back door they want, they are crazy. Besides, plenty of violent acts have been perpetrated without the use of cell phones or computers. You're not doing this for our "protection," Big Bro, so quit lying.

      I hope Apple continues to fight this b.s. with every high-priced attorney they have.