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Extract from article by Jeffrey L. Nagel

Anyone reading recent headlines knows that Apple, Inc. is engaged in a legal, and ultimately political, struggle with the U.S. Government over access to the cell phone of Syed Rizwan Farook, one of the shooters in the December 2, 2015 terror attack at the Inland Regional Center in San Bernardino, California. The core issue in that California proceeding is whether Apple should be forced to “create and load Apple-signed software onto the subject iPhone device to circumvent the security and anti-tampering features of the device in order to enable the government to hack the passcode to obtain access to the protected data contained therein.”

Magistrate Judge James Orenstein in the Eastern District of New York has something to say about the matter. In an action raising similar issues to those in California, Judge Orenstein has held that the All Writs Act does not give the court authority to order Apple to unlock a drug dealer’s iPhone. Judge Orenstein noted that the case before him mirrored at least a dozen other “pending cases in which the government and Apple disagree as to the court’s authority to command Apple to assist the government in defeating the passcode security of devices Apple has manufactured.”

 

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