Apple to tell judge in California case: Congress must decide

WASHINGTON (AP) — The Associated Press has learned that Apple Inc. will tell a judge this week in legal papers that its fight with the FBI over iPhone encryption should be kicked to Congress, rather than decided by courts. Apple will also argue that a court order to help it hack into an iPhone in...

 
              An iPhone is seen in Washington, Wednesday, Feb. 17, 2016.  The San Bernardino County-owned iPhone at the center of an unfolding high-profile legal battle between Apple Inc. and the U.S. government lacked a device management feature bought by the county that, if installed, would have allowed investigators easy and immediate access.  (AP Photo/Carolyn Kaster)

WASHINGTON (AP) — The Associated Press has learned that Apple Inc. will tell a judge this week in legal papers that its fight with the FBI over iPhone encryption should be kicked to Congress, rather than decided by courts.

Apple will also argue that a court order to help it hack into an iPhone in a terrorism case is improper under an 18th century law that's been used to compel companies to provide assistance to law enforcement in investigations.

A lead attorney for Apple, Theodore J. Boutrous Jr., previewed for the AP some of the company's upcoming arguments in the case. Apple's chief executive, Tim Cook, has also hinted at the company's courtroom strategy in recent written comments.

Moving the fight to Capitol Hill would put the issue before Congress, where Apple wields considerably more influence.

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