Judge declines to order Apple to disable security on device seized by U.S.

Newsday ^ | October 9, 2015 8:38 PM | By JOHN RILEY

[Swordmaker]

A federal magistrate in Brooklyn is temporarily refusing to order Apple to disable security on a device seized by the government, citing Congress' failure to act on the hot-button issue of encryption despite urging from law enforcement officials.

"Congress has done nothing that would remotely suggest an intent to force Apple, in the circumstances of this case, to provide the assistance the government now requests," U.S. Magistrate James Orenstein said in his ruling, posted on the court's website Thursday afternoon. "Several of its members have introduced legislation to prohibit exactly what the government now asks the court to compel."

. . .

He provided few details on the government's Thursday application asking him to order Apple to help, saying only that the government had a warrant to seize the device but couldn't unlock it, and leaving out details that might compromise the investigation.

(Without) clear legislation, Orenstein said, he had to consider how burdensome an order would be on Apple, and noted that forcing (...Apple...) could affect carefully considered commercial decisions on the balance between public safety and privacy.

Orenstein said the government claimed that in "other cases" Apple was ordered to assist law enforcement and had complied, but he said he found only one published court opinion on the issue, in which an unnamed manufacturer was ordered last year to assist the government.

. . .

Andrew Crocker, a lawyer with the Electronic Frontier Foundation, said he believed that Orenstein was the first judge to question the government's legal authority under the so-called "All Writs Act" to compel Apple to unlock a phone.

But he also said the issue may be moot if the device in question is of recent vintage, because Apple itself is unable to de-encrypt its new operating systems and will probably tell the court so.

[Mastador1]

Since when have the courts cared what Congress has or hasn't done? Or the people for that matter, seems to me that for too many years now judges seem to believe that they are the legislators.

[Swordmaker]

Federal Judge refuses to compel Apple to unlock the security of an iOS device to allow authorities to rummage through data on the device, citing lack of defining direction from Congress and introduction of legislation to prevent such intrusive search requirements of mobile device manufacturers. — PING!

Ping to dayglored; thundersleeps; and Shadow Ace for their ping lists.

Mobile Device Legal Privacy
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[100American]

They want unfettered access to any and all “subversives”

To me this is The Big Show, the prelude to proceeding or disaster

We as a Nation have been given a last chance to return to the commitment made by Washingon of this Country to God

We now must Choose each our own way and so it will proceed until the bill is called in

God Bless

[PA Engineer]

We as a Nation have been given a last chance to return to the commitment made by Washingon of this Country to God

Agreed.

[cynwoody]

A federal magistrate in Brooklyn is temporarily refusing to order Apple to disable security on a device seized by the government, citing Congress' failure to act on the hot-button issue of encryption despite urging from law enforcement officials.

If Apple has the ability to comply with such an order, that is a bug.

[Coronal]

They don’t have that ability with the current OS. I’m more inclined to trust “can’t” than “won’t”.