Posted on 10/26/2015 6:15:04 PM PDT by Enlightened1
The DOJ has filed its response to Apple's claims that unlocking an iPhone 5 would be unduly burdensome. This ongoing dispute over an All Writs Act order (the act itself dates back to 1789) is also an ongoing dispute over the use of encryption-by-default on Apple phones running iOS 8 or higher.
The argument started with one of the founding members of the "Magistrates' Revolt" -- Judge James Orenstein -- who, back in 2005, challenged another All Writs order by the DOJ. A decade ago, Orenstein pointed out that the government's use of these particular orders circumvented both the judicial system (by granting it powers Congress hadn't) and the legislative system (which hadn't created statutes specifically authorizing the actions the order demanded). Nothing has changed a decade later -- not even the DOJ's continued attempts to teach an old law new tricks.
The DOJ's argument is this: we've used these orders before to force Apple to unlock phones. Why should this one be any different? The filing cites three other cases in which the FBI used an All Writs order to compel the unlocking of an iPhone. Pointing to these, the DOJ argues that past successes should be indicative of future results, despite Judge Orenstein's assertions that the use of these orders grants powers to the FBI that haven't been given to it by Congress.
The filing also challenges Apple's assertions about the burdensomeness of the request. The government says Apple makes $100 million per day in profit. How can the unlocking of one phone -- no matter how many man hours might go towards testimony and cross-examination -- even begin to make a dent in this pile of money?
(Excerpt) Read more at techdirt.com ...
Sounds like someone is throwing a temper tantrum because Apple won’t give them unfettered access to customer’s data.
The DOJ should use 0bama’s back door.
Does sound a lot like that.
Exactly, the OS is not the data...
Data is the distillation of a process or transaction, as result of but not an inherent functional necessity of the O/S for it to work...
Fail...
Exactly!
The DOJ needs to shut its felonious piehole.
They can pipe into the phone, but have great trouble decryption anything else on it.
Drip, drip, drip... bit by bit we lose our freedom and constitutional rights as the bureaucrats in government demand to know every aspect of our lives. How far our nation has fallen since the beginning. We are becoming serfs under an evil empire that does not respect our privacy.
Agree...
Sounds like they want to skirt around the Bill of Rights (4th Amendment) and not follow the U.S. Constitution that they swore to uphold and protect.
Agree it’s sad.
Remember back when our government kept it quiet that they were spying on everyone ?
Can’t believe Obama-nation’s admin is going after another homosexual.
Doesn't his back door get used a lot anyway ?
Welcome to the New Socialist Caliphate of the Western Hemisphere.
“The DOJ should use 0bama’s back door.
Uh...not possible. It’s already occupied.
Rehash of an earlier thread topic, figured you might want to ping your list anyway.
-- Dayglored
That demand is as absurd as trying to compel Phil Zimmermann to decrypt someone’s PGP encrypted data.
You’re bad—LOL!
“we’ve used these orders before to force Apple to unlock phones. Why should this one be any different?”
Because forcing people to do things against their will and rights motivates them to find a solution. In this case, make it impossible to comply.
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