DOJ criticizes Apple's resistance to the San Bernardino unlocking order
United States Department of JusticeU.S. Department of Justice, brief filed by the U.S. Attorney's Office for the Central District of California
In its reply brief, DOJ criticizes Apple's rhetoric and argues that the court can compel the company to assist in unlocking the phone.
“Apple’s rhetoric is not only false, but also corrosive of the very institutions that are best able to safeguard our liberty and our rights”
Original text
Where this statement fits
Was Apple right to refuse to create software to unlock the San Bernardino iPhone?
Apple opposed creating software to bypass safeguards on a seized San Bernardino iPhone. The government sought to compel its assistance under a court order. The proceeding ended when investigators obtained access without Apple and the order was vacated; the court did not resolve the disputed authority on the merits.
Source and context
Original text
About this source
Original government reply brief opposing Apple's motion to vacate the compelled-assistance order. The filed court document is reproduced by Just Security.
Before the quotation
The government's reply opposes Apple's motion to vacate the February 16 assistance order.
After the quotation
The brief argues that the All Writs Act and precedent permit the court to compel Apple's assistance.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case concerns Apple's refusal to create bypass software. DOJ condemns that resistance by criticizing its supporting rhetoric and asking the court to reject Apple's motion to vacate.
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More from this case
Read the full caseCDT supports Apple's challenge to the unlocking order
Center for Democracy & Technology
“The Center for Democracy & Technology (CDT) has filed an amicus brief in support of Apple in its challenge to the FBI order”Read statement
Microsoft backs Apple and calls for modern privacy laws
Microsoft
“By standing with Apple, we’re standing up for customers who depend on us to keep their most private information safe and secure.”Read statement
FBI director says the request seeks passcode access rather than a master key
Federal Bureau of Investigation
“We don’t want to break anyone’s encryption or set a master key loose on the land.”Read statement
Cite this record
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- The Dispute Index
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- DOJ criticizes Apple's resistance to the San Bernardino unlocking order
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- https://disputeindex.com/events/5546-in-its-reply-brief-doj-criticizes-apple-s
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "DOJ criticizes Apple's resistance to the San Bernardino unlocking order". First published: 2026-10-11. Last updated: 2026-10-11. https://disputeindex.com/events/5546-in-its-reply-brief-doj-criticizes-apple-s