• 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

crew aboard artemis II
Innovationspace
‘It’s 13 minutes of things that have to go right’: Artemis II splashes down despite faulty heat shield
By Catherina GioinoApril 10, 2026
8 hours ago
The Navy confirmed an ‘abundant amount’ of Uncrustables when the Artemis II crew lands. Smucker’s just offered them a lifetime supply
PoliticsFood and drink
The Navy confirmed an ‘abundant amount’ of Uncrustables when the Artemis II crew lands. Smucker’s just offered them a lifetime supply
By Catherina GioinoApril 10, 2026
10 hours ago
Three people sit behind a desk and look at the phone screen of the person in the middle.
Future of WorkConsulting
Meet ‘trendslop,’ the new, AI-fueled scourge of workplace consultants everywhere
By Sasha RogelbergApril 10, 2026
10 hours ago
Amazon is still paying Jeff Bezos an $80,000 yearly salary—but $1.6 million for travel and security
Big TechCEO salaries and executive compensation
Amazon is still paying Jeff Bezos an $80,000 yearly salary—but $1.6 million for travel and security
By Marco Quiroz-GutierrezApril 10, 2026
12 hours ago
Kash Patel sits with his two fingers on lips
CybersecurityIran
First they went after medtech, then Kash Patel. Iranian hackers’ next target is likely ‘low-hanging fruit’ in water, energy, and tourism, experts say
By Jacqueline MunisApril 10, 2026
13 hours ago
scott bessent
CybersecurityFederal Reserve
The AI that found 27-year-old vulnerabilities no human ever caught before just forced an emergency meeting with every major Wall Street CEO
By Jake AngeloApril 10, 2026
14 hours ago

Most Popular

Mark Cuban admits he made a mistake letting go of the Mavericks: 'I don't regret selling. I regret who I sold to'
Investing
Mark Cuban admits he made a mistake letting go of the Mavericks: 'I don't regret selling. I regret who I sold to'
By Fortune EditorsApril 9, 2026
2 days ago
Scottie Scheffler joined Tiger Woods and Rory McIlroy in golf's $100M club—and donated his entire Ryder Cup stipend to charity
Success
Scottie Scheffler joined Tiger Woods and Rory McIlroy in golf's $100M club—and donated his entire Ryder Cup stipend to charity
By Fortune EditorsApril 10, 2026
16 hours ago
Schools across America are quietly admitting that screens in classrooms made students worse off and are reversing years of tech-first policies
Innovation
Schools across America are quietly admitting that screens in classrooms made students worse off and are reversing years of tech-first policies
By Fortune EditorsApril 10, 2026
24 hours ago
The U.S. government is spending $88 billion a month in interest on national debt—equal to spending on defense and education combined
Economy
The U.S. government is spending $88 billion a month in interest on national debt—equal to spending on defense and education combined
By Fortune EditorsApril 9, 2026
2 days ago
A Meta employee created a dashboard so coworkers can compete to be the company's No. 1 AI token user—and Zuckerberg doesn't even rank in the top 250
AI
A Meta employee created a dashboard so coworkers can compete to be the company's No. 1 AI token user—and Zuckerberg doesn't even rank in the top 250
By Fortune EditorsApril 9, 2026
2 days ago
The Navy confirmed an ‘abundant amount’ of Uncrustables when the Artemis II crew lands. Smucker’s just offered them a lifetime supply
Politics
The Navy confirmed an ‘abundant amount’ of Uncrustables when the Artemis II crew lands. Smucker’s just offered them a lifetime supply
By Fortune EditorsApril 10, 2026
10 hours 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.