Apple's top counsel to tell Congress, 'Encryption is a necessary thing'

Apple’s refusal to help the FBI brute-force the iPhone 5c passcode of the San Bernardino shooter will most likely play out in the courts—the first hearing is scheduled for March 22 in Riverside, California. But Congress has a role to play too.

On Tuesday, Apple Senior Vice President and General Counsel Bruce Sewell will testify before the House Judiciary Committee, stressing that while Apple does respect and assist law enforcement, what the FBI wants this time simply goes too far.

One of Apple’s strategies is to argue that Congress should pass legislation to cover cases like this, instead of using the more broad All Writs Act, which was first passed in 1789 and last updated in 1948. Apple thinks a more modern statute like the Communications for Assistance for Law Enforcement Act (CALEA) would be more appropriate, although the Department of Justice disagrees that it’s applicable here.

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