As Apple continues to fight a court order asking it to unlock the iPhone of one the San Bernardino gunmen, the company is also involved in a similar case in New York. Last week, a New York judge ruled that the government couldn’t force Apple to unlock a device, but now, Reuters reports that the Department of Justice is fighting the ruling and is again citing the All Writs Act as reasoning.
The Justice Department has today resubmitted its case to a higher judge in the Eastern District of New York. In the filing, the government argues that the case regarding the San Bernardino gunman is evidence that the All Writs Act can be used to force a company to unlock a device.
“Meanwhile, in the Central District Court of California on February 16, 2016, the government obtained an All Writs Act order requiring Apple to assist law enforcement in accessing the phone of one of the shooters involved in the mass murders in San Bernardino, California,” lawyers for the Justice Department said in the filing.
This is an interesting move by the Justice Department, seeing that Apple instantly spoke out against the court order in California citing the All Writs Act. The logic here is that since the California judge cited the 1789 law as apt reasoning for forcing Apple to unlock the device, the New York judge should do the same. The difference between the cases is that in the New York case, the FBI is still petitioning the court to issue an order to force Apple to unlock the device, while in California, the judge has already done that and Apple is now fighting the order.
In New York, the iPhone in question was used by a man involved in a methamphetamine distribution conspiracy, who has already pleaded guilty to the charges. The government, however, wants to use his iPhone to find other conspirators.
The New York case will now be heard by District Court Judge Margot Brodie. A magistrate judge made the original ruling.
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In the San Bernardino case, the criminals are dead, so why isn’t the case closed? Crime solved, criminals dead. They certainly can’t sentence the guy to prison.
And in this case they can have the suspect, who pleaded guilty, unlock his own phone. Apple must never be involved in unlocking devices.
Because that phone COULD contain information which could prevent a terrorist act on American soil, and Apple really do need to hope and pray it doesn’t. If there is another 9/11 and that phone contains information which could of prevented it, Apple as a business will be ruined forever. See, it has NOTHING to do with the long term security of the American people but EVERYTHING to do with Americans not liking the FLAGSHIP American business being pressured by the Government.
If the phone was foreign made and ran Android, you as well as everyone else on this forum and others would be up in arms for them to crack it for the good of the American people. Do you think all these American businessmen would come out and support Samsung if the phone was one of theirs? Of course not – it’s hypocrisy pure and simple.
I think that it is not ok to force a private company to change software for the government. The security argument is a false way to create fear with people. We become less secure by creating holes in software for the govt and havkers to get through.
Imagine if a terrorist hacks the phone and the horrible event occurs. What would everyone be saying. “Im not buying a Apple phone because a terrorist can get your information and use it”.
That security argument cuts both ways. The FBI and DOJ are flat out dissapoinments with these pursuits of Apple in court. They should let Congress create a solution instead of trying to bulky Apple with a 200 year old Act that had nothing to do with hackers abd technology.
I think that it is not ok to force a private company to change software for the government. The security argument is a false way to create fear with people. We become less secure by creating holes in software for the govt and hackers to get through.
Imagine if a terrorist hacks the phone and the horrible event occurs. What would everyone be saying. “Im not buying a Apple phone because a terrorist can get your information and use it”.
That security argument cuts both ways. The FBI and DOJ are flat out dissapoinments with these pursuits of Apple in court. They should let Congress create a solution instead of trying to bully Apple with a 200 year old Act that had nothing to do with hackers and technology.
Note to DOJ: Just because you screwed Apple on the eBooks case does not mean you can screw Apple whenever you want. Maybe you need to bring out your puppet judge Cote ?
March 8, 2046, 8.00am:
Hopefully, I will be 76, retired, I’m leaving home bringing my nephew to nursery school …… Suddenly, my pacemaker (bluetooth connected to my iPhone 37) slows down my heartbeat until I pass out, at same time, my Apple car (controlled from same iPhone) changes the route, redirecting me toward the police station. My nephew starts to cry, terrified. Finally, my car stops at police station. Agents are waiting me outside, they wait for me to wake up, (they sent another command to normalize my pacemaker) then bring me in, while a female agent take care of the baby. In the parking lot, other cars are arriving, those “unfortunated” that haven’t a pacemaker are screaming inside cars, beating windows, waiting for agents to open THEIR cars. Inside the police stations they interrogate me about a friend of mine on Facebook, that did put a “like” on comment on a page that was allegedly used by terrorists to exchange messages, they told me that there is an emergency based on a suspect that terrorists will put a bomb in central shopping mall, so, basing on 2016 precedent of FBI vs Apple, they was justified to take control of my iPhone and consequently of all devices connected to it. After 4 hours of interrogation, I clarify that I have nothing to do with this facebook “friend”, then we are released without any excuses from official or agents, since the had all rights to do what they did, the imminent danger was considered more important. Then I will remember that days, when I was thinking: Who can be hurted If government can access iPhones? I’m honest…………