close

Silicon Valley Unites Behind Apple

March 03, 2016

Numerous technology companies, law firms and other organizations have risen to support Apple in the company’s resistance to FBI requests that it help hack into the iPhone of San Bernardino shooter.

Fenwick & West joined the stand, authoring an amicus curiae brief in support of Apple that was signed by The Internet Association, The Internet Infrastructure Coalition as well as AVG Technologies, Forbes and The Recorder reported.

"I have never seen anything galvanize the entire technology and Internet industry the way that this did," Fenwick partner Andrew Bridges told The Recorder.

Fenwick privacy and data security partner Tyler Newby authored the brief with guidance from Bridges and fellow partner David Hayes. Lawyers Ciara McHale and Derek Khanna also provided important support.

The Fenwick brief argues that the government's effort could put American citizens, companies and government entities at greater risk of cyberattacks. Among other unintended consequences, companies without Apple's resources might opt to leave their services vulnerable rather than build strong defenses and face similar requests from the government, The Recorder mentioned.

Bridges drew attention to speed at which the community pulled together to draft the briefs. Amicus briefs are normally filed in the appeals courts where there is more advance notice. However, in the Apple case several key events happened in the space of a few days, necessitating quick response.

A critical court ruling occurred on Monday, Congressional hearings were held on Tuesday and there was a court deadline Thursday.

"This was truly frenetic," Bridges said.

The full brief is available through The Internet Association website. The full articles are available through Forbes and The Recorder (subscription required).

​​​​​​​