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Judge Favors Apple In iPhone Unlocking Case In New York (google.com)

The Washington Post reports that Apple has prevailed for the moment in its fight with the FBI over the agency's demand that Apple help them break the security of an iPhone — but not in the California case about the phone belonging to San Bernadino shooter Syed Rizwan Farook -- that more famous case, as we mentioned the other day, is of course not the only case with a phone the FBI would like to peek into. New York federal judge James Orenstein scoffs in his 50-page decision at government arguments that Apple should be compelled to produce a software solution that would give them full access to content of the phone belonging to a drug dealer's phone. [Orenstein] found that the All Writs Act does not apply in instances where Congress had the opportunity but failed to create an authority for the government to get the type of help it was seeking, such as having firms ensure they have a way to obtain data from encrypted phones.

He also found that ordering Apple to help the government by extracting data from the iPhone- which belonged to a drug dealer --would place an unreasonable burden on the company....

He also expressed concern about conferring too much authority in the government. "Nothing in the government's arguments suggests any principled limit on how far a court may go in requiring a person or company to violate the most deeply-rooted values to provide assistance to the government the court deems necessary," he said.
Whether the same logic will prevail in California is yet unclear; the New York decision is not binding on any other court.

5 of 114 comments (clear)

  1. Darn that President of yours plays a long game by Anonymous Coward · · Score: 2, Funny

    he had a supreme judge bumped off just so he could ensure the majority vote on this issue.

  2. Re:Darn that President of yours plays a long game by bill_mcgonigle · · Score: 5, Funny

    . . . and I thought that Obama was was going to nominate himself for the empty seat on the Supreme Court

    He can't do that. Biden will recess-appoint him after Obama resigns, and just before BIden walks into the DNC convention and kicks Sanders to the curb.

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  3. Re:And I scoff at his opinion. by Darinbob · · Score: 5, Funny

    You may be right. And stop calling me Surly.

  4. Re:And I scoff at his opinion. by FatdogHaiku · · Score: 4, Funny

    You may be right. And stop calling me Surly.

    Yes, that was over the top. While not obviously surly, you do seem a bit demanding...
    Surely you agree...
    I know Shirley does...

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  5. Re:Not much reaction yet from the Wall St. casinos by stealth_finger · · Score: 2, Funny

    Apple has already given the data away to marketers.

    ^ TROLL

    You're right, they don't give away data, they sold it. Probably for twice what it was worth because they put in a shiny folder with an apple logo on it.

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