Apple has filed a brief that argues for dismissal of a court order requiring it to assist the FBI in the investigation into the San Bernardino shootings by writing new software to be used to access one of the shooter's iPhones.
In its filing, Apple argued that the court order places an undue burden on the company, and violates its rights under both the First and Fifth Amendments of the U.S. Constitution.
"There are a couple of prongs to Apple's arguments that I think are interesting," said Matt Larson, Litigation Analyst with Bloomberg Intelligence.
"They're raising constitutional arguments as to whether this compels speech in violation of the First Amendment, and whether it also violates them of certain due process rights," he explained. "Those constitutional issues are maybe more placeholders for appellate arguments down the road. I'm not sure how much those are going to sway the magistrate judge that the case is before right now, but Apple is certainly teeing this up to be a big constitutional battle."
The next step in the case will occur by March 10. That's the date U.S. attorneys are due to respond to Apple's filing.
"The government is obviously going to play up the security concerns. There is precedent that technology companies have to help the government execute these kind of search procedures," said Larson. "The government is going to try to show that this isn't necessarily an overly burdensome exercise for Apple."
Larson believes it's possible that the case will go all the way to the Supreme Court. "I don't see either party backing down," said Larson.