Case 5:16-cm-00010-SP Document 177-21 Filed 03/15/16 Page 1 of 3 Page ID #:3011

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Gibson, Dunn &
Crutcher LLP

THEODORE J. BOUTROUS JR., SBN 132099
tboutrous@gibsondunn.com
NICOLA T. HANNA, SBN 130694
nhanna@gibsondunn.com
ERIC D. VANDEVELDE, SBN 240699
evandevelde@gibsondunn.com
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: 213.229.7000
Facsimile: 213.229.7520
THEODORE B. OLSON, SBN 38137
tolson@gibsondunn.com
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
Telephone: 202.955.8500
Facsimile: 202.467.0539
MARC J. ZWILLINGER*
marc@zwillgen.com
JEFFREY G. LANDIS*
jeff@zwillgen.com
ZWILLGEN PLLC
1900 M Street N.W., Suite 250
Washington, D.C. 20036
Telephone: 202.706.5202
Facsimile: 202.706.5298
*Admitted Pro Hac Vice
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
EASTERN DIVISION
IN THE MATTER OF THE SEARCH
OF AN APPLE IPHONE SEIZED
DURING THE EXECUTION OF A
SEARCH WARRANT ON A BLACK
LEXUS IS300, CALIFORNIA
LICENSE PLATE 35KGD203

ED No. CM 16-10 (SP)
DECLARATION OF ROBERT
FERRINI IN SUPPORT OF APPLE
INC.’S REPLY IN SUPPORT OF
MOTION TO VACATE ORDER
COMPELLING APPLE INC. TO
ASSIST AGENTS IN SEARCH
Hearing:
Date:
Time:
Place:
Judge:

March 22, 2016
1:00 p.m.
Courtroom 3 or 4
Hon. Sheri Pym

 Case 5:16-cm-00010-SP Document 177-21 Filed 03/15/16 Page 2 of 3 Page ID #:3012

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I, Robert Ferrini, declare:

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1.

I am over the age of eighteen years and am competent and authorized to

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make this declaration. I have personal knowledge of the facts set forth below. If

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called as a witness, I would and could testify to the statements and facts contained

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herein, all of which are true and accurate to the best of my knowledge and belief.

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2.

I have worked at Apple Inc. (“Apple”) since 2012. My current title is

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Senior Director, Worldwide Advertising & Planning. In that role I oversee the

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development of Apple’s marketing strategy and all of Apple’s advertising activities

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worldwide.

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3.

I received a Bachelor of Arts in Marketing and Communication studies

from Fairfield University.
4.

I have reviewed the Government’s Reply in Support of Motion to Compel

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and Opposition to Apple Inc.’s Motion to Vacate Order in which the Government

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claims that Apple has advertised the ability of Apple’s software to block law-

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enforcement requests for access to the contents of its devices. This claim is false.

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5.

Since the introduction of iOS 8 in October 2014, Apple has placed

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approximately 1,793 advertisements worldwide—627 in the United States alone—of

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different types, including, print ads, television ads, online ads, cinema ads, radio ads

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and billboards. Those advertisements have generated an estimated 253 billion

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impressions worldwide and 99 billion impressions in the United States alone (an

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impression is an estimate of the number of times an ad is viewed or displayed online).

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6.

Of those advertisements, not a single one has ever advertised or promoted

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the ability of Apple’s software to block law enforcement requests for access to the

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contents of Apple devices.

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Gibson, Dunn &
Crutcher LLP

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Case 5:16-cm-00010-SP Document 177-21 Filed 03/15/16 Page 3 of 3 Page ID #:3013
1 7. Indeed, only three of those advertisements reference security at all, and all
2 three relate to the Apple Pay service, and then only to say that Apple Pay is ?safer
3 than a credit card, and keeps your info yours.?

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Executed this 15th day of March 2016 in Cupertino, California.

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8 Robert Fe?prini

Senior Director, Worldwide
9  Planning

case? Dunn a
was?: 3