In a new court filing, Apple has asked a New York judge to dismiss the Justice Department's recent appeal in an ongoing Brooklyn drug case in which the government is seeking Apple's help to access data on an iPhone. In the filing, Apple argues that the government hasn't yet proven that the tech giant's assistance is warranted in this particular case.
From The Wall Street Journal:
"The government has utterly failed to demonstrate that the requested order is necessary to effectuate the search warrant, including that it exhausted all other avenues for recovering the information it seeks," Apple argued in the new filing to U.S. District Judge Margo Brodie. "Before the government demands that Apple do the work of law enforcement, the government must offer evidence that it has performed an 'exhaustive search' and that it remains unable to obtain the data it seeks without Apple's assistance."
Apple's response comes a week after the government said it will appeal a district judge's original ruling in the case, which stated that Apple did not have to assist in accessing a drug dealer's iPhone under the All Writs Act.
This is just the latest feud to to surface between Apple and the FBI in recent months. Previously, in what became a rather high-profile case, the government pursued Apple's assistance in accessing data on an iPhone used by one of the San Bernardino shooters. The FBI ultimately abandoned its efforts to secure Apple's help in that case after it secured a successful method of breaking into the iPhone at the center of the case.