i2Coalition Files Amicus Brief On Digital Security Implications In Apple Case

Today, the Internet Infrastructure Coalition (i2Coalition), along with CCIA, the Internet Association, and individual Internet companies including i2Coalition’s own members Data Foundry and Golden Frog, filed an amicus brief supporting Apple’s opposition to the government’s request that it build a special program to undermine the iPhone’s security protocols.

The Internet Infrastructure Coalition (i2Coalition) supports those who build the infrastructure of the Internet, and the brief provides the industry’s perspective on the implications of the court’s order beyond a single device to the entire Internet ecosystem.

“Privacy and security lay at the heart of the Internet. The customers of Internet infrastructure providers demand features that allow them to create private and secure businesses. The government’s position would undermine this ability. Because aspects of Internet infrastructure cannot be rearchitected to accommodate demands like those made on Apple, the security of the Internet as a whole will be fundamentally weakened,” said Christian Dawson, i2Coalition Executive Director.

“The Internet industry respects the important role law enforcement plays in our society keeping Americans safe and has zero tolerance for terrorism on or offline. A government request that asks companies to engineer vulnerabilities into their products or services will harm national security and put user information at risk,” said Michael Beckerman, President and CEO of the Internet Association. “In this case, a false choice is presented with privacy as one option and security as the other. Encryption protects Americans and our infrastructure from countless daily attacks by those looking to do our nation harm. Strong encryption is security and safety online, and is a vital component of our national defenses.”

“While the tech industry understands the government’s desire for information, and respects its mission to keep us safe, we hope the court appropriately weighs the wider issues of security and trust that are at stake in this case. If the court sides with the government’s unprecedented demand that Apple develop software to undermine critical security features, there will be dire implications for the public’s confidence in the integrity of the Internet, and more importantly for the security of the digital ecosystem,” said Ed Black, CCIA President & CEO.

The brief argues that the government’s request is an improper and unprecedented expansion of scope of the 1789 All Writs Act (AWA), a law that has never before been used to compel companies to create new technologies that undermine fundamental features of their businesses. Furthermore, the brief states that the FBI request is in direct violation of the Communications Assistance for Law Enforcement Act (CALEA), which limits government access to encrypted information.

“It is vital that those who build the Internet be at the table to discuss the implications of a case like this, which has the potential to greatly affect the digital security of all Internet users. The Internet infrastructure industry looks forward to being part of this important national conversation,” concluded Dawson.

The brief comes just days after a New York federal judge ruled in another case that the government cannot compel Apple to unlock another iPhone under the AWA.