At FBI’s request, Apple security expert will testify in San Bernardino case
Photo: Digital Trends
Next Tuesday’s hearing in the legal battle between the FBI and Apple just got a little more dramatic.
On late Wednesday evening, prosecutors were granted an evidentiary hearing, meaning that the legal arguments will be preceded by witnesses and live testimony. Specifically, the FBI has requested to interrogate Eric Neuenschwander, Apple’s head of product security and privacy, and the attorney who initially worked with the FBI in its investigation of the San Bernardino shooter’s iPhone — both of whom previously provided written testimony to the court.
The case revolves around a single iPhone 5C, used by Syed Rizwan Farook, who, along with his wife, killed 14 people at a Christmas party in December. The FBI has requested that Apple help unlock Farook’s phone by creating a new mobile operating system. The company characterizes such help as a “backdoor,” potentially leading to much greater government access to other encrypted communications. The dispute has drawn stark battle lines between law enforcement and the tech industry, sparking a fierce debate over how much sacrifice of privacy is necessary for public safety.
Apple’s lawyers say they hope that when the trial starts, unreleased portions of the testimony by Neuenschwander and his colleague will be put on the record. The request for an evidentiary hearing this late in the process is unusual, lawyers say, and may indicate that the government is “uncomfortable” with its legal grounds. Apple did not say whether they would ask to examine the two FBI agents who gave written testimony earlier.
The hearing will begin with a statement by federal magistrate Sheri Pym at 1 p.m. PT on Tuesday, March 22. That will be followed with about an hour and a half of witness testimony. The second portion of the hearing will consist of arguments by lawyers for Apple and the government, and a closing statement by Apple.
Yahoo News will be there, live-blogging every raised eyebrow and sip of water. Be sure to follow along on Tuesday.
