Former CIA agent and Republican Rep. Will Hurd said Friday he backs Apple in its dispute with the FBI.
That's because there is not enough evidence to suggest that forcing Apple to unlock the San Bernardino terrorist's iPhone will yield information to warrant issuing such a bold order to a private company, the Texas congressman told CNBC.
"To take the extraordinary measure of the FBI dictating for a private company to design their program in a certain way, it takes an extraordinary amount of evidence to say we should do this," he told "Squawk Box."
Apple on Thursday struck back in court against the U.S. government demand that it unlock an encrypted iPhone used by one of the San Bernardino shooters, arguing such a move would violate its free speech rights and override the will of Congress.
The FBI last week obtained the order requiring Apple to write new software and take other measures to disable passcode protection and allow access to the phone issued to Syed Rizwan Farook by his employer, the San Bernardino County Department of Public Health. The department does not oppose the government's bid to inspect the phone.
Farook, along with his wife, killed 14 people and wounded 22 in an attack on a county government facility in December.