“In order to comply with the Gov’t demands, Apple would need to create a new “GovtOS” and FBI forensics lab on site that has the potential to be used on hundreds of phones now in law enforcements possession in conflict with existing law as well as the First and Fifth Amendment of the United States Constitution,” says Apple in the act.
Apple also states that the request violates Apple’s constitutional rights. The demand violates Apple’s First Amendment rights against compelled speech and viewpoint discrimination. Apple wrote code for its operating system that reflects Apple’s strong view about consumer security and privacy. By forcing Apple to write software that would undermine those values, the government seeks to compel Apple’s speech and to force Apple to express the government’s viewpoint on security and privacy instead of its own.
The motion can be read here, and even though I’m no lawyer, I think Apple’s points are made pretty clearly here. This is how the motion is opened:
This is not a case about one isolated iPhone. Rather, this case is about the Department of Justice and the FBI seeking through the courts a dangerous power that Congress and the American people have withheld: the ability to force companies like Apple to undermine the basic security and privacy interests of hundreds of millions of individuals around the globe.
The government demands that Apple create a back door to defeat the encryption on the iPhone, making its users’ most confidential and personal information vulnerable to hackers, identity thieves, hostile foreign agents, and unwarranted government surveillance. The All Writs Act, first enacted in 1789 and on which the government bases its entire case, “does not give the district court a roving commission” to conscript and commandeer Apple in this manner.
In fact, no court has ever authorized what the government now seeks, no law supports such unlimited and sweeping use of the judicial process, and the Constitution forbids it.