Breaking News

Apple Gets One Win for iPhone Privacy
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

iPhone

Summary: A New York drug case has been denied the request to have Apple hack an iPhone confiscated as evidence.

As Apple fights an order by the government to create a program to hack the phones of the San Bernardino shooters, one federal magistrate judge denied the request to have the cell phone maker hack an iPhone in a New York drug case. This will prove to be a big help for Apple as the fight for the privacy rights of iPhone consumers.

  
What
Where


See Why Is Apple Refusing to Unlock the San Bernardino Shooter’s Phone? to learn more on the Apple vs FBI case.

Judge James Orenstein of the New York Eastern District is the first to rule on how far the government can go to require cell phone makers like Apple to go to open up devices. Judge Orenstein heavily used the 1789 All Writs Act statute. The statute is very broad in its use of allowing courts to require others to comply with their orders that are not covered by laws. He included his doubts on whether the statute would be considered constitutional if adopted.

Read Apple Fights for Their Constitutional Rights to understand the constitutional rights at risk.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The Justice Department has stated they plan to ask for a review on the decision. Apple had previously agreed to help open the iPhone for this case and has complied with all other All Writs Act requests. They argued, “This phone may contain evidence that will assist us in an active criminal investigation, and we will continue to use the judicial system in our attempt to obtain it.”

The request in this case was a “simple routine request for assistance in carrying out a valid search warrant issued by a federal court, as Apple has done so many times before,” according to Brooklyn federal prosecutor Saritha Komatireddy. The judge found it surprising that Apple has never objected to the 70 previous requests on other similar cases.



Despite the fact that Apple had never objected before, Orenstein ruled that the government cannot use the All Writs Act against Apple because another law, the Communications Assistance for Law Enforcement Act, addresses the same issues but excludes specifying information services companies.

Source: http://www.nytimes.com/2016/03/01/technology/apple-wins-ruling-in-new-york-iphone-hacking-order.html?_r=0

Photo: cbc.ca



 

RELEVANT JOBS

Associate Attorney

USA-IL-Orland Park

Well-established, high-volume family law and estate planning practice based in the southwest suburbs...

Apply now

ATTORNEY

USA-DC-Washington

Job Description We are seeking an attorney to enforce the rights of employee benefit funds to col...

Apply now

Receptionist | Legal Assistant

USA-FL-Kendall

Boutique law firm seeks an organized and competent receptionist / legal assistant to handle administ...

Apply now

Associate Attorney

USA-FL-Kendall

FIRST PARTY PROPERTY DAMAGE & INSURANCE COVERAGE ATTORNEY WANTED Fast-growing plaintiffs first pa...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Junior or Mid-level Licensing and Strategic Partnering Associate Attorney

USA-CA-Los Angeles

Los Angeles office of our client seeks a junior or mid-level licensing and strategic partnering asso...

Apply Now

Lateral Civil Litigation Partner

USA-LA-Mandeville

Mandeville office of our client seeks a lateral civil litigation partner with experience. The candid...

Apply Now

Public Finance Attorney

USA-FL-West Palm Beach

West Palm Beach office of a BCG Attorney Search Top Ranked Law Firm seeks public finance attorney wi...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top