A judge federal judge denied on Monday the request of the US government to Apple drew data from an iPhone in a case related to drug trafficking in New York. This battle, now gains by Apple, is a major boost in the war that is being fought with the FBI in the media iPhone shooter San Bernardino.
The decision of Judge James Orenstein in the Eastern District of new York, was the first in which the legal argument of the government to open devices such as the iPhone was put to the test. This is now a new asset to the Cupertino company.
This decision of the federal judge may influence other cases in which force the authorities are trying to force Apple to create “holes” in your impenetrable iPhone security system, including the impasse that is generating great controversy between the FBI and the Cupertino company on the iPhone 5C of one of the mass shooting of the attackers in San Bernardino, California, last year.
the law “All Writs Act”
Orenstein Judge in the 50-page decision, has a particular relevance to the “All Writs Act” of 1789. a law invoked by the federal government to require Apple collaboration in unlocking iPhones several suspects. However the judge stated that the government is to extrapolate their authority using the law “All Writs Act” in this case to extract data from a seized iPhone with links to a drug case.
This law is used and invoked by the government when on a given process does not exist a law precise and directed to cover the particular case. In this way the authorities resort to “All Writs Act” to force companies to comply with its provisions. This is how Apple is being pressed to give access to data on the iPhone.
Even the judge has doubts about the legitimacy of this law for being so vague and so extensive, to the point of not knowing where begins and ends its action.
This law is being invoked in the case of San Bernardino?
Exactly. The US government and the FBI, because there is a law specific to a case as concrete, are resorting to “All Writs Act” to invoke access to iPhone shooter. The Apple CEO Tim Cook, as is known, refused to cooperate with the authorities in this chapter, with the argument that Apple has a duty to protect the privacy and security of all its users, as it is concerned the future of company and this matter is now a matter of national security.
and why it is important this decision of the judge?
Both the FBI as Apple for some failure of justice in this case, they have appealed to Congress to intervene. However, the trump card of the FBI is the law, the All Writs Act. Apple even come several times to say that always comply with the determinations of justice is against the authorities ordered them to “attack” deliberately your system security of the iPhone, to stop this law.
Now, being a judge to acknowledge that the “ All Writs Act” does not provide the legal authority the government in everything that it has to say, the position of Apple has been strengthened.
in a statement, the last Monday in response to the decision of Orenstein judge, the Justice Department said I would ask the judge review the decision. The request also states that in the past Apple has always cooperated with the authorities and allowed access to iPhones in drug cases.
In the past, without the system that exists now, Apple had to do, but everyone also had, to the FBI. But now, with the current protection system “impenetrable” looks different story. This case still have many lines to be written.
Nytimes
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