Yeah but if i have a $250K beef with my contractor, do i file in petty claims court, or unlimited jurisdiction, presuming local court procedures permit plaintiff discretion?
Are the feds seeking a novel interpretation and application of the 1789 All Writs Act to 21st century software written for 21st century hardware, none of which was conceived of in the 18th century, by asking a low level clerk to sign off on it? What do they expect? This does not have the appearance of a routine administrative matter, undeserving of the attention of a full judge.
IANAL but one should not need a master’s in biochem to detect a fishy odor emanating from how this case is playing out. Would you not agree? Or, do you have full faith and confidence that lawyers and legislators in 1789 anticipated the need for the government to ask cell phone manufacturers for software to help decrypt cell phone message data in 2015 when they wrote and passed the AWA?
I think it will eventually get one, but the legal system must go through it's motions. It insists upon it.
IANAL but one should not need a master’s in biochem to detect a fishy odor emanating from how this case is playing out. Would you not agree?
I do not disagree, but in my opinion the "fishiness" is coming from Apple inc. My understanding of what is being asked of them does not appear to fail the "undue burden" test. That they are engaging in a screaming hissy fit makes me think they are misleading everyone about how difficult this is.
If it were impossible, they would say matter of factually, "it isn't possible."
Or, do you have full faith and confidence that lawyers and legislators in 1789 anticipated the need for the government to ask cell phone manufacturers for software to help decrypt cell phone message data in 2015 when they wrote and passed the AWA?
Jeffey Epstein wrote a legal opinion which surmised that vagueness written into the Writs act was intentional because the founders did not want limitations put on an inventive and changing society. That they did it because they had no idea how the future would develop and didn't want to hinder future potential applications of the law.
I don't know. I know the same concept applied to "arms" makes the modern M-16 an evolutionary manifestation of the old "Brown Bess." It's a good thing they didn't say "Muzzle loader" or some such.