Data Foundry files an AMICUS Brief in Support of Apple vs. FBI

Mar 3, 2016

Internet pioneer Data Foundry joins others in filing an amicus brief in support of Apple in their fight against the FBI

AUSTIN TEXAS – March 3, 2016 Data Foundry, a leading provider of data center colocation and network services, announced today they have filed an amicus brief in the Apple versus FBI case with several companies including their sister company Golden Frog.

The Brief was submitted to a California court in support of Apple, and continues Data Foundry’s efforts in protecting the ability of technology companies to develop and maintain secure products and services.

“This case is about more than the government’s isolated request on a single device,” said Shane Menking, President and Chief Financial Officer of Data Foundry. “If the government prevails, this case creates a dangerous precedent that will undermine the privacy and security of the technology we rely upon everyday”.

In their amicus brief Data Foundry asserts three main points:

  • First, that the use of the All Writs Act is too expansive, and contradicts limitations Congress previously put into place to govern how law enforcement can compel companies to assist in their investigations.
  • Second, the All Writs Act cannot create new authority in contradiction to the existing Communications Assistance for Law Enforcement Act (CALEA), nor can it make an exception to CALEA and compel companies to break encryption.
  • Third, the way the case was conducted, and the urgency with which it was conducted, disregarded due process. Additionally, Data Foundry argues the ruling would have huge and devastating implications on small businesses across the country who could not afford the additional costs to build new technologies at the request of the government.

Data Foundry and Golden Frog joined with several other businesses and groups in submitting this filing. These companies include: AVG Technologies, the Computer & Communications Industry Association (CCIA), the Internet Association, the Internet Infrastructure Coalition (“i2Coalition”), and TechNet. Many other companies and rights groups around the country also submitted separate briefs in support of Apple.

You can access full text of our filing here: Apple amicus Brief Filing