Mr. Cook isn't going to Washington, but his top lawyer is.
Apple's General Counsel Bruce Sewell will speak on behalf of the iPhone maker and CEO Tim Cook on Tuesday at a hearing before the Senate Judiciary Committee on the balance between national security and individual privacy.
At the same time, Apple issued a new filing with the courts saying a judge's Feb. 16 order to help the FBI access a terrorist's iPhone violates the company's constitutional rights.
It's the latest move as both Apple and law enforcement escalate their respective agendas. The FBI wants Apple to create a special version of its mobile software to help access an iPhone used by a terrorist who, along with his wife, killed 14 people and wounded 20 others last December in San Beardino, Califoia. The FBI wants to use multiple attempts to unlock the phone, without worrying it would trip security settings that would erase it after 10 unsuccessful tries. Apple, which said it has already given the FBI copies of the phone's backups, says the court doesn't have the authority to force them to write a special version of the software.
No court has granted the govement power to force people to weaken protections of their computers, an Apple executive said on a conference call Thursday. In addition, the govement has been hesitant to force citizens to decrypt their devices, disabling security protections. Apple's executives now argue that this issue should be decided by lawmakers.
The hearing next Tuesday, entitled, "The Encryption Tightrope: Balancing Americans' Security and Privacy" will also include testimony from FBI Director James Comey and District Attoey for New York County Cyrus Vance, Jr. It will begin at 1 p.m. ET.
"As technology companies have made great strides to enhance the security of Americans' personal and private information, law enforcement agencies face new challenges when attempting to access encrypted information," Committee Chairman Bob Goodlatte (R-Virginia) and Ranking Member John Conyers (D-Michigan) said in joint a statement.
"Americans have a right to strong privacy protections and Congress should fully examine the issue to be sure those are in place while finding ways to help law enforcement fight crime and keep us safe."
Apple's Cook, meanwhile, has waged a public campaign against the court's order, saying it could endanger the privacy protections on hundreds of millions of its devices. The company wants Congress, not the courts, to be the ultimate decision makers.
"It should be done all in the open for people so their voices heard through their representatives in Congress," Apple's CEO Cook said in an interview with ABC News that aired Wednesday. Cook also said he plans to speak with President Barack Obama, but did not say when.
Apple declined to comment further. An FBI spokesman did not immediately respond to a request for comment.
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