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Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
191–198 of 198 posts
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#192This seems to be the core point here — the US Code is a whitelist, not a blacklist: "The government's position also produces a wholly different kind of absurdity: the idea that the First Congress might so thoroughly undermine fundamental principles of the Constitution that many of its members had personally just helped to write or to ratify. Its preferred reading of the law – which allows a court to confer on the exe…
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Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#193I've written up the piece for InfoQ here: http://www.infoq.com/news/2016/02/all-writs-denied Basically, the motions in the piece indicate that the relationship with the All Writs Act that was successfully used before are not relevant; because in the prior case, the business property was being used to commit the crime, but in this case, the property was the owner of the accused, not Apple. The Judge also highlighted "…
I've written a follow up piece covering the hearings held today before the house judicial committee which may be of interest to those reading this thread
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#194Earlier quoted context omitted.
The judge's reasoning was explicitly based on many of the Founders being members of the first Congress, so you have granted that the argument is completely bogus. And the point of the comment you're responding to is that the quoted argument is a non sequitur, which it surely is. The fact that the fifth Congress voted for a bad, self-serving law that violated the principles of the Constitution is completely irrelevant…
How many members of the 1st were still members of the 5th?
I thought there might be some interest in knowing how people who were in both the 1st and 5th Congresses voted on the Alien and Sedition Acts. This actually consists of four distinct acts, and I chose to focus on An Act concerning Aliens (the second of the four acts).
The short answer is: Federalists voted for it, and Democratic-Republicans voted against it.
If I'm reading the House and Senate Journals correctly, the relevant legislative history is as follows:
1. 1798-06-08: The Senate approves the bill. https://memory.loc.gov/cgi-bin/ampage?collId=llsj&fileName=0... https://www.govtrack.us/congress/votes/5-2/s99
The bill passed by a vote of 17-6 (GovTrack reports this as 16-7 for some reason). Of the 12 members of the 1st US Congress who were senators in the 5th US Congress, two (John Henry and John Vining) had resigned well before the summer of 1798, and four (James Gunn, John Langdon, Philip Schuyler, and Theodore Sedgwick) did not vote on the bill. The remainder voted on straight party lines:
* Affirmative: Theodore Foster, Benjamin Goodhue, John Laurance, Samuel Livermore. (Federalists)
* Negative: Timothy Bloodworth, John Brown. (Democratic-Republicans)
2. 1798-06-21: The House approves the bill, with amendments. https://memory.loc.gov/cgi-bin/ampage?collId=llhj&fileName=0... https://www.govtrack.us/congress/votes/5-2/h90
The bill passed by a vote of 46-40. Of the 9 members of the 1st US Congress who were representatives in the 5th US Congress, one (William L. Smith) had already resigned at the time the bill was considered, and two others (Thomas Hartley and Josiah Parker) did not vote. The remainder voted as follows:
* Affirmative: Abiel Foster, James Schureman, Thomas Sinnickson, George Thatcher. (Federalists)
* Negative: Abraham Baldwin, Thomas Sumter. (Democratic-Republicans)
3. 1798-06-22: The Senate concurs in the amendments. https://memory.loc.gov/cgi-bin/ampage?collId=llsj&fileName=0...):%230020505&linkText=1
Either there was no vote here, or the yays and nays were not requested. The Senate Journal just says that they took into consideration the amendments and resolved that they concur in the amendments.
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#195Earlier quoted context omitted.
How many members of the 1st were still members of the 5th?
I thought there might be some interest in knowing how people who were in both the 1st and 5th Congresses voted on the Alien and Sedition Acts. This actually consists of four distinct acts, and I chose to focus on An Act concerning Aliens (the second of the four acts). The short answer is: Federalists voted for it, and Democratic-Republicans voted against it. If I'm reading the House and Senate Journals correctly, the…
Thanks for the details! The party line vote makes sense - the Democratic-Republicans believed the bills were targeted at them. I did not know the specific composition of the first Congress and the fifth Congress; that's good to know.
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#196From 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 p…
Except that if the ruling had gone the other way you could say that this is a way of pursuing without going through Congress.
The reality is that the people who want to be able to decrypt at will are just pursuing every option available to them.
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#197Earlier quoted context omitted.
Non-tech people read this site too. What % of the general population knows what sudo is? My auto-correct changes 'sudo' to 'Audi'. The real problem is that the xkcd reference doesn't explain what sudo means.
This is tech site. If you are see something you don't understand, you should just google it. As a tech person I encounter things every day that I don't know about, and I google many of them. Why should "non-tech" people be protected from the chore of googling ? Isn't that why people come here – to encounter things that they don't know about ?
Not trying to "protect" anyone. Thing is, even googling sudo doesn't give someone who has never sudo'ed the insight behind the comic. So, yep.
Re: Brooklyn Judge: Feds Can't Use All Writs Act to Force Apple's Hand [pdf]
#198So if this interpretation sticks, seems like there's a risky but effective new anti-surveillance method in town: 1) Draft law expanding surveillance for criminal cases 2) bring the law for a congressional vote 3) make sure the vote fails -> now you've shut the FBI and others off from access through judiciary writs
What happens if you aren't successful at #3 and the vote passes?
risky!