---
title: "ACLU: FBI’s Smartphone Push Goes Beyond San Bernardino"
id: "32799"
type: "post"
slug: "aclu-fbis-smartphone-push-goes-beyond-san-bernardino"
published_at: "2016-04-01T22:58:54+00:00"
modified_at: "2026-11-09T16:48:35+00:00"
url: "https://associationsnow.com/2016/04/01/aclu-fbis-smartphone-push-goes-beyond-san-bernardino/"
markdown_url: "https://associationsnow.com/2016/04/01/aclu-fbis-smartphone-push-goes-beyond-san-bernardino.md"
excerpt: "The American Civil Liberties Union says that there are at least 63 cases—many involving Google—that share similarities with the high-profile San Bernardino case that turned into a showdown between the FBI and Apple."
taxonomy_category:
  - "Advocacy"
taxonomy_post_tag:
  - "AssociationsNow"
  - "EU law"
  - "privacy"
  - "Technology"
taxonomy_content_format:
  - "Article"
taxonomy_role:
  - "C-Level"
  - "Executive Team"
  - "VP"
taxonomy_persona:
  - "Industry Professionals"
---

[Home](https://associationsnow.com/)
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 » ACLU: FBI’s Smartphone Push Goes Beyond San Bernardino

The [closely watched legal battle](http://associationsnow.com/2016/02/apple-gains-support-fbi-fight-encryption/)
 between Apple and the FBI likely won’t be the last over the issue of smartphone encryption.

The highly public conflict between the tech giant and the federal government over whether Apple should decrypt a cellphone that is evidence in the criminal investigation into the San Bernardino terror attack was rendered moot late last month [when investigators hacked the suspect’s iPhone (opens in a new tab)](http://bgr.com/2016/03/30/apple-vs-fbi-iphone-encryption-battle-not-over/)
. But the American Civil Liberties Union says the case is just one of 63 in which the FBI has invoked the All Writs Act, a 1789 law that the bureau argues empowers courts to issue orders to assist in criminal cases.

The cases, all of which involve either Apple or Google, are highlighted on [an interactive map the ACLU released this week (opens in a new tab)](https://www.aclu.org/map/all-writs-act-orders-assistance-tech-companies)
. Apple says it’s currently facing 12 additional cases, [the ACLU reports (opens in a new tab)](https://www.aclu.org/blog/speak-freely/map-shows-how-apple-fbi-fight-was-about-much-more-one-phone)
, and the organization’s Massachusetts chapter has taken legal action [to uncover details about an additional case (opens in a new tab)](https://aclum.org/uncategorized/aclu-asks-federal-court-for-basic-information-about-massachusetts-case-similar-to-fbi-v-apple/)
 in that state.

(Google, [in comments to the Wall Street Journal (opens in a new tab)](http://www.wsj.com/articles/google-has-also-been-ordered-to-help-unlock-phones-records-show-1459342847?mod=djemalertTECH)
, denied that it has received any orders similar to the one Apple received compelling it to build a new tool to help investigators.)

“The FBI wants you to think that it will use the All Writs Act only in extraordinary cases to force tech companies to assist in the unlocking of phones,” ACLU attorney Eliza Sweren-Becker [wrote in a blog post (opens in a new tab)](https://www.aclu.org/blog/speak-freely/map-shows-how-apple-fbi-fight-was-about-much-more-one-phone)
. “Turns out, these kinds of orders have actually become quite ordinary.”

[Tech industry groups rallied behind Apple (opens in a new tab)](http://www.ccianet.org/2016/03/229975/)
 as it resisted the FBI’s demands for help accessing the San Bernardino shooter’s phone. Some of those groups, including the Computer and Communications Industry Association, don’t believe the resolution of that case will end the pressure on tech companies to assist law enforcement with device decryption in criminal cases.

“There’s a clash of values and interests that I think will continue,” CCIA President and CEO Ed Black [told the Associated Press (opens in a new tab)](http://www.mercurynews.com/business/ci_29704111/resolution-fbi-apple-case-prolongs-larger-legal-battle)
.

[In a separate case in New York (opens in a new tab)](http://arstechnica.com/tech-policy/2016/02/apple-prevails-in-forced-iphone-unlock-case-in-new-york-court/)
, a judge rejected the government’s All Writs Act argument.

[Ernie Smith](https://associationsnow.com/author/ernie-smith/)

Ernie Smith is a former senior editor for Associations Now.

[More articles by this author](https://associationsnow.com/author/ernie-smith/)

Tags: [#EU law](https://associationsnow.com/tag/eu-law/)
 [#privacy](https://associationsnow.com/tag/privacy/)
 [#Technology](https://associationsnow.com/tag/technology/)

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