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Apple is asking a federal judge to reverse her order telling the company to help unlock the San Bernardino gunman`s iPhone.

THIS-MORNING-03 ...

MORNING-03

company to help unlock the San Bernardino gunman`s iPhone.>

than sixty-page motion accuses the government of using terrorism to stifle

this debate over privacy and the company says the FBI is seeking dangerous

power.>

Apple is asking a federal judge to reverse her order telling the company to help unlock the San Bernardino gunman`s iPhone. Google, Facebook, Twitter and Microsoft are expected to file legal briefs supporting Apple. Jeff Pegues is in Washington with the company`s fight against the FBI. Jeff, good morning.

JEFF PEGUES (CBS News Homeland Security Correspondent): Good morning. Tech industry giants are coalescing over this issue. Apple`s more than sixty- page motion accuses the government of using terrorism to stifle this debate over privacy and the company says the FBI is seeking dangerous power.

(Begin VT)

JEFF PEGUES: Apple`s motion to drop the demand comes more than a week after a California judge ruled against the tech giant. In Thursday`s filing, Apple claims "the government says: `just this once` and `just this phone.`" But Apple insists "the government knows those statements are not true." The company is rejecting the FBI`s claim that the court`s ruling is limited to San Bernardino shooter Syed Farook`s phone.

JAMES COMEY: This is the hardest question I`ve seen in government.

JEFF PEGUES: FBI Director James Comey told Congress Farook`s 5C model is unique to other phones.

JAMES COMEY: The combination of a 5C and this particular operating system is officially unusual that it`s unlikely to be a trailblazer.

JEFF PEGUES: The government is asking Apple to develop software that would, in part, disable the auto erase function that wipes the phone clean after a pass code fails ten times. Apple insists that the request violates its First Amendment Rights.

A. MICHAEL FROOMKIN (University of Miami Law Professor): That`s an act of speech. Software is a language, like Spanish. The technology, when you undo privacy once, it gets replicated. In the long run, we all pay.

JEFF PEGUES: Apple says the requests are unprecedented and that it has cooperated with investigators before but that the government has never asked them to create a program that taps into the company`s own security framework.

(End VT)

JEFF PEGUES: Apple will hold its annual shareholders` meeting this morning in Cupertino, California. The first hearing in federal court is scheduled for March 22nd. Charlie.

CHARLIE ROSE: Jeff, thanks.

END

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