During a call last week about the filing, Apple executives,
including general counsel Bruce Sewell, spoke in a way that can be
best characterized as surprised and outraged. The FBI’s tone shift
from legal argument to character assassination in its filings had
clearly taken Apple off guard.
The tone of today’s filing and subsequent call was much more cold
and precise. Apple got some time to consider the best way to
respond and went with dissecting the FBI’s technical arguments in
a series of precise testimonies by its experts.
Where the FBI filing last week relied on invective, Apple’s this
week relies on poking holes in critical sections of the FBI’s
TechCrunch has the full brief embedded at the bottom of the post. It’s worth reading — inevitably some of it is inside baseball legalese, but it seems clear to me that Apple’s lawyers have made a tremendous effort to make it as accessible as possible. On some points they simply tear apart the government’s factual errors.