Several members of the House Judiciary Committee may file a legal brief to argue that Apple's encryption order on the San Bernardino case should be decided by the Congress and not by the courts. A New York Judge has also sided with Apple on his ruling of the case.
Sources close to the case have revealed to Reuters that members of the House Judiciary Committee are eyeing to file a "friend of the court" brief. The filing could take place after Tuesday's panel meeting, although an agreement has not been reached on intervention that the Republican and Democtratic members' are set to make in the case.
The document would argue that the federal order directed at Apple to unlock an iPhone 5c used by one of the suspects in the San Bernardino shooting would challenge the provisions in the constitution. The sources also pointed out that the members of the Judiciary Committee could wait until the appeals process when they intervene.
Apple has previously denied to follow the released court order stating that it is unprecedented and violates the right to free speech. As reported by 9To5Mac, Apple's lawyers claimed that the US government has urged the courts to do the job that the congress did not do. "The government is really seeking to push the courts to do what they haven't been able to persuade Congress to do", they stated.
The Cupertino firm also asserted that the Congress should weigh whether the order to encrypt the device is right. Meanwhile, as reported by Hindustan Times, a New York Judge has ruled in favor of company.
US Magistrate Judge James Orenstein ruled that the All Writs Act which was established during the 1700s cannot be used to push Apple to unlock the device. He also stated that the wiretapping laws of 1994 cannot also be applied for the case.
Apple stated in court records that following the court's order could threaten the trust between Apple and its customers and substantially tarnish the Apple brand. Apple has also received massive support from fellow Silicon Valley companies such as Facebook, Google, Microsoft, and many others.
The infamous iPhone 5c is believed to be owned by Rizwan Farook who went on a shooting spree in December with his wife and left 14 dead, and injured 22 others. The families of the victims are eyeing to side with the government.
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