The judge in question believes otherwise. I happen to agree with her decision so far.
So, I understand, you are just OK with Judges legislating from the bench, when Congress has declined to write a law to do what the Justice Department wants, is that it?
No, I very much hate activist judges, but I don't see that as relevant in this case. This is not a twisted interpretation of the law. This is a pretty clear legal matter as Jeffery Epstein pointed out.
You are one of the most dishonest people I have ever had the misfortune to debate on FreeRepublic or anywhere
Says the guy who keeps repeating the lie that the judge has ordered the creation of a back door that will give the FBI the power to break open everyone's phones.
No, the power to break everyone's phones will remain in the hands of Apple, and under the direction of Courts.
YOU CANNOT READ WORTH A DAMN!
Extracted word-for-word from the Magistrate Judge's Court Order to Apple re: what to do:
". . . providing the FBI with a signed iPhone Software file, recovery bundle or other Software image File ("SIF") that can be loaded onto the SUBJECT DEVICE. The SIF will load and run from Random Access Memory ("RAM") and will not modify the i/os on the actual phone, the user data partition or system partition on the devices’s flash memory. . . The SIF will be loaded via Device Firmware Upgrade ("DFU") mode, recovery mode or other applicable mode available to the FBI."
That order most likely NOT written by the Federal Magistrate Judge, but Most likely written by someone in the Department of Justice, because the Judge is highly unlikely to have any kind of technical know how to have written such specific language, is quite explicit in ordering that the work product of software developed by Apple is to be given ("providing," a legal term meaning exactly that) to the FBI. I have "provided" you with the definition of that word and it is also quite explicit, but you want to dance around and interpret it differently that its clear English language meaning and also its clear legal meaning. You also seemed to have found somewhere in the penumbra of this Court Order from the Magistrate judge that Apple was going to be allowed to KEEP the iPhone, when it is not ever even mentioned! You simply cannot comprehend what WE write, much less the explicit legal terminology of the court order.
Do even you know, exactly, what a "Magistrate" Judge is, DiogenesLamp? Again, it's obvious you do not. They are not full Federal trial judges. They are more akin to glorified Federal Court CLERKS. From a description of the Magistrate judge position from the Utah Federal District Court:
"Magistrate judges perform a wide range of duties in civil and criminal cases.
In civil cases, they will hear pre trial motions, conduct settlement and pre trial conferences, and may, on assignment, handle dispostive motions and, with the consent of the parties, may conduct the trial.
In criminal cases, they will handle most pre-trial matters, including initial appearance of a defendant before a judge, arraignment on charges, including taking a plea of guilty or not guilty, and determining whether the defendant should be detained or released pending trial. Magistrate judges handle all petty offense cases and most misdemeanor cases.
Magistrate judges also handle appeals from social security decisions and most petitions by prisoners for review of their convictions, and conditions of confinement.
In many instances, Magistrate Judges do not even have to be lawyers. It is a lot easier to get something past a Magistrate judge than a true Judge, who does know all about case law. That is why the FBI chose to go before a Magistrate Judge rather than a Federal Bench Judge for this order. Magistrate judge are NOT appointed by the President of the United States and are NOT confirmed by the United States Senate. They are not lifetime appointments, and are civil service positions held for only eight years. They are NOT district judges of the Federal District Courts and are appointed by the various judges of each district with input from Civil authorities to their terms.