Apple to provide witness testimony in San Bernardino iPhone case

Attoeys for Apple said Friday the technology company will provide expert testimony at next week’s hearing in its case against the Department of Justice involving the San Beardino shooter’s iPhone.

Attoeys for Apple said they were surprised to lea of a request late Wednesday by the Department of Justice calling for cross-examination at Tuesday’s hearing, a move they say should have been made weeks ago.

The technology company will make available cryptologist and architect, Erik Neuenschwander, as well as Lisa Ollie, who dealt directly with the FBI during the investigation, attoeys for apple said Friday in a conference call with media.

In his declaration to the court, Neuenschwander said once Apple creates the software requested by the FBI, it would take only minutes for Apple or a “malicious actor with sufficient access” to perform the necessary engineering work to install it on another device of the same model.

The govement will make available two FBI agents, Apple said. All the witnesses have provided declarations to the courts, Apple attoey said.

Magistrate Judge Sherri Pym is expected to open the hearing with her own statements.

The Department of Justice is seeking that the technology giant build software that would allow the FBI to unlock the encrypted work-issued iPhone 5C used by San Beardino mass shooting gunman Syed Rizwan Farook. Farook and his wife, Tashfeen Malik, killed 14 people and wounded 22 others on Dec. 2 at the Inland Regional Center in San Beardino, in what has been called the deadliest terrorist attack on US soil since 9/11. The couple were killed in a shootout with police hours later.

Apple argues that building the software sought by the FBI will create a “master key” enabling hackers to unlock millions of other iPhones and breach data security of its customers.

Both sides will have about two hours to cross-examine witnesses before oral arguments begin.

In court, attoeys for Apple say they will continue to stress that All Writs Act is not a “limitless license” for law enforcement to compel third parties to do what the FBI is requesting.

The hearing is set for 1 p.m. Tuesday in Riverside Federal Court.

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