The document summarizes key points in the debate between the FBI and Apple over whether Apple can be forced to help the FBI access data on an iPhone involved in a criminal investigation. It outlines the government's demands that Apple disable security features and enable passcode guesses. It also summarizes Apple's legal arguments that the All Writs Act does not apply, and that such an order would violate the 1st Amendment right to free speech and 5th Amendment right to due process.

1. Framing the Debate
Mike Chapple, Ph.D.
University of Notre Dame
mchapple@nd.edu
@mchapple
vs.

4. iPhone 5c
Found in the
suspect’s Lexus

5. Investigators
obtain a
search
warrant
But don’t know the
passcode!

6. Apple
receives a
court
order

7. Government Demands
1. Apple must “bypass or disable the auto-erase
function”
2. Apple must “enable the FBI to submit
passcodes” to the device
3. Apple must “not purposefully introduce any
additional delay between passcode attempts”
Why do these features exist?

8. All Writs Act of 1789
Courts may
“issue all writs necessary
or appropriate in aid of
their respective
jurisdictions and
agreeable to the usages
and principles of law.”

9. Ted Olson
responds
on behalf of
Apple

10. First Argument
“The All Writs Act does not provide a basis to
conscript Apple to create software enabling
the government to hack into iPhones.”

11. By This Same Logic…
“If the government can…
compel Apple to create a
special operating system that
undermines important
security measures…”
“It could argue in future
cases that the courts should
compel Apple to create a
version to track the location
of suspects, or secretly use
the iPhone’s microphone and
camera to record”

12. Second Argument
“The First Amendment
prohibits the
Government from
compelling Apple to
create code.”

14. Third Argument
“The Fifth Amendment’s
Due Process Clause
prohibits the
government from
compelling Apple to
create code.”

16. What do you think?