Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
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Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#2The conclusion is pretty clear.
Ultimately, the question to be answered in this matter,
and in others like it across the country, is not whether
the government should be able to force Apple to help it
unlock a specific device; it is instead whether the All
Writs Act resolves that issue and many others like it yet
to come. For the reasons set forth above, I conclude that
it does not. The government's motion is denied.
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#3Not especially shocking. The Gov'ts proposed theory of the All Writs Act as the legal equivalent of "sudo do whatever I want" was pretty damn tenuous.
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#4It is also worth reading Apple's motion in this case: https://www.documentcloud.org/documents/2722199-5-15-MJ-0045...
Actually I just noticed something about the title of the case: USA vs Black Lexus IS300. Is this actually a criminal forfeiture case?
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#5"As explained below, after reviewing the facts in the record and the parties' arguments,I conclude that none of those factors justifies imposing on Apple the obligation to assist the government's investigation against its will. I therefore deny the motion."
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#6[deleted]
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#7The conclusion is pretty clear. Ultimately, the question to be answered in this matter, and in others like it across the country, is not whether the government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs Act resolves that issue and many others like it yet to come. For the reasons set forth above, I conclude that it does not. The government's motion is denied.…
I've seen a lot of doom and gloom about the current state of the US government all around the internet, but I have to say that this kind of thing helps me remain optimistic. A judge is free to make his or her decision without fear of coercion or some fanciful Tom Clancy-esque story unfolding as some people seem to believe things to work. The system may be flawed, but it's not broken yet.
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#8The conclusion is pretty clear. Ultimately, the question to be answered in this matter, and in others like it across the country, is not whether the government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs Act resolves that issue and many others like it yet to come. For the reasons set forth above, I conclude that it does not. The government's motion is denied.…
The FBI needs some legal basis for forcing Apple to develop and cryptographically sign a less-secure version of their operating system. This order, assuming it's not overturned by a higher court on appeal, removes one legal avenue the FBI had.
I haven't seen any other avenues. (In fact, Apple cited laws on the books that expressly prohibit the FBI from making this type of request if it concerns a phone manufacturer.)
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#9The conclusion is pretty clear. Ultimately, the question to be answered in this matter, and in others like it across the country, is not whether the government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs Act resolves that issue and many others like it yet to come. For the reasons set forth above, I conclude that it does not. The government's motion is denied.…
This is one of those times I really wish we had a functioning legislative branch. They could write and pass a law describing companies' obligations and law enforcement's powers when dealing with strong encryption on smartphones. Then people who disagreed could take it to the courts, and a Supreme Court with an odd number of justices could decide whether said law was constitutional.
Unfortunately we do not live in that world, so we get to creatively interpret centuries-old laws written by people who could not have imagined encrypted smartphones. And that interpretation may end up at an evenly-divided Supreme Court.
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#10From
the first page, (and the same sentiment is found throughout the whole document)
> the relief the government seeks is unavailable because Congress has considered legislation that would achieve the same result but has not adopted it.
Bingo!
I've said it on HN since the beginning of this case [1,2,3], and I'll continue to say it. This case is about making backdoor legislation palatable. Don't get caught up in the precedent set by this case, it's more or less inapplicable when Apple (etc.) can't flash the device without effectively wiping it, which is where things are headed. [4]
[1]: https://news.ycombinator.com/item?id=11139515
[2]: https://news.ycombinator.com/item?id=11139497
[3]: https://news.ycombinator.com/item?id=11164617
[4]: http://www.cnbc.com/2016/02/24/apple-is-said-to-be-working-o...