Apple V. FBI/DOJ case ENDS with a Whimper from the DOJ
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Posted on 04/23/2016 11:01:39 AM PDT by Swordmaker
Second U.S. Bid to Force Apple to Unlock Phone Ends in a Whimper . . . a source came forward and provided the passcode. It appears to me that the FBI/DOJ doesn't want to get a precedent from an Appellate Court that does not support their position. Link only due to Bloomberg Copyright;
Second U.S. Bid to Force Apple to Unlock Phone Ends in a Whimper
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Now that the FBI has that "Backdoor" that Apple's Chicken Little's were screaming about, they have no need to bother with Apple any more.
Apple no longer has any relevance to the matter. Apple caused the very thing they were claiming to be afraid of.
They broke Apple’s products, everyone knows the security is just an illusion.
Since when did it become necessary for our intelligence agencies to divulge what security we can and cannot crack.
They went about this all wrong, attempting to force Apple to give them the “key”.
The enigma code was broken well before anyone knew it was broken, and we used that information to our advantage. Telling the Germans we broke it would have been disastrous.
I scratch my head on this one.
It should be highly classified what we can and cannot break into.
Apple did not cause anything. As if that excused the FBi reactionaries in totalitarian overcontrol of us as subjects.
Irony the San Bernadino shooter was unvetted because of out of control PC reigning supreme amongst state and federal workers, but we the people not employed by government need to have our phones opened up.
Just like in the army, the sergeant never controls his troops but always complains of other squads not doing their jobs instead when sht goes down. Ah!
Some one blew out your lamp because you certainly can not see past your own bias. You are fighting for less privacy for all of us, why?
Nonsense. Only the beautiful people can ignore warrants. The pissants have to supply everything they have locked away or be jailed for contempt.
Gee, DiogenesLamp, it is just too terrible that you have that reading comprehension problem you keep demonstrating in spades every time you post your delusional drivel. That "Backdoor" you are crowing about only works on iPhone 5C models and cost the FBI over $1.4 million dollars to achieve. It does not work on the iPhone 5S that is in question in this case, even though this is running iOS 7.
You apparently missed the fact that some unknown source came forward with actual passcode to the iPhone in this case, which, frankly I just do not believe unless that "someone" was the convicted drug dealer who claimed he "forgot" his passcode prior to his changing his plea to "guilty."
No, big bob, the did not break Apple's products. They got into one older model of the iPhone, the 5C, which preceded the actual hardened iPhones. It was a model that did not have the Secure Enclave. No one has successfully broken into any iPhones 5S, 6, 6Plus, 6S, or 6S plus. Not a single one. The security is NOT an illusion. Nice try. . . but no cigar.
You truly have a reading comprehension problem.
I am not. I never saw this as a "privacy issue." I always saw this as a refusal by a big corporation to Obey a constitutional law requirement.
The Judge in a court proceeding determines when fourth amendment rights have been met. When a judge decides their is sufficient cause to issue a search writ or warrant, then the "privacy" issues have already been dealt with.
At that point, people need to OBEY THE SEARCH WARRANT.
Failure to do so is to put yourself against Constitutional rule of law.
Apple should have helped to open the dead terrorist's cell phone. No privacy issues were at stake.
D@mn mosquitos! I wish they would quit buzzing around here. They are a D@mn nuisance.
Apple responded to the search warrants they were served for the data they held involving the San Bernardino Terrorists case and duly handed over those data they held.
Apple did not receive a search warrant relating to the iPhone 5C for the San Bernardino terrorist case nor did they receive a search warrant for the New York drug case, for which the defendant has already pled guilty. They did not get search warrants for those items for the very simple reason that they have nothing to do with holding the data on those devices, nor do they have those data in their possession to be in a position to hand it over. In each case, Apple was served a court order using the All Writs Act of 1789 (as amended at various times to modernize the language) which is NOT a search warrant by any stretch of the imagination or law.
The All Writs Act is under some very specific constraints laid down by Case Law and the US Supreme Court. . . and these Court Orders did not meet those legal constraints.
Apple is allowed by law to challenge the use of these All Writs Act Court Orders, and in fact, it says exactly that in the Court Orders, and Apple did exactly that. In the New York case, Apple won the challenge on several legal legal grounds and the court order was vacated. Primarily on the grounds that the Court Order was illegal because the moving party, the FBI and DOJ, were prohibited by Federal Law from seeking to force Apple to do what they were requesting by the Communications Assistance for Law Enforcement Act passed by Congress in 1994, which made the All Writs Act unenforceable once Congress addressed an issue in any manner at all, even if they took it up and elected to take no action. In this Act, Congress actually took action and in the CALEA LAW prohibited any law enforcement agency or its agents from specifically doing what the FBI was trying to get the courts to do for it. That is not legally allowed, but the FBI tried it anyway. . . and the record shows the FBI deliberately obfuscated the case law and the Supreme Court rulings from the Magistrate judges when they asked for the court orders.
You apparently have a "lack of reading" problem, because the story Apple has tried to frighten everyone with, doesn't happen to be true.
Had you read the details of both sides, you would have realized that Apple inc was lying through their F***ing teeth.
Reading what you write is like reading "Pravda" during the Soviet era.
I only like to stir you up once in awhile because it's sorta funny to rattle your cage and watch you dance and screech.
:)
Please show us all where in the Constitution of the United States the All Writs Act is placed? In which Amendment or section is it written? Apple did not receive a Search Warrant for the data in these iPhones, you idiot. It is NOT what you keep trying to make this case into to. The government has the power to search this iPhone as much as it wants to. It does not have the power to force anyone not involved in the owner ship of those data to have anything to do with opening the device if they do not want to do it.
They are perfectly capable of contracting with willing vendors who DO want to do that service. They are not empowered by anything in the Constitution to FORCE an UNWILLING vendor to do it for them. . . yet there are many things in the Constitution that say they CANNOT do it.
You focus on just ONE subordinate clause in an Amendment and ignore the most important primary clause of that Amendment. . . the one that focuses on the PURPOSE of that Amendment: the RIGHT of the People which it is protecting.
That focus of yours shows us that you are, at heart, a STATIST. You believe in the power and right of government over all other RIGHTS and, above all, the sovereignty of the source of the power of the government which derives from the PEOPLE who created that government as an instrument of THEIRS, not the other way around. You have it completely upside down.
ASS HAT.
When the feds come to my door with a search warrant, they search for the stuff in the warrant.
I don’t.
FEDS SAY THEY'VE ACCESSED PHONE AT CENTER OF APPLE DATA CASE
BY LARRY NEUMEISTER—ASSOCIATED PRESSNEW YORK (AP) -- The U.S. Justice Department said it has withdrawn a request to force Apple to reveal data from a cellphone linked to a New York drug case after someone provided federal investigators with the phone's passcode.
Federal prosecutors said in a letter to U.S. District Judge Margo Brodie that investigators were able to access the iPhone late Thursday night after using the passcode.
The government said it no longer needs Apple's assistance to unlock the iPhone and is withdrawing its request for an order requiring Apple's cooperation in the drug case.
Read more at the link above. . .
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