BREAKING: Apple doesn’t have to unlock iPhone, judge says

[17 Oaks]

Apple doesn’t have to unlock drug dealer’s iPhone, judge says


NEW YORK — A federal judge in Brooklyn on Monday denied a Department of Justice request for a court order that would force Apple to bypass the security passcode on the iPhone of a criminal defendant in a drug case.
In a ruling expected to influence the outcome of Apple’s fight with the U.S. government over the San Bernardino killer’s iPhone, Magistrate Judge James Orenstein ruled government lawyers failed to establish that the federal All Writs Act law the government relied on to seek the order does not apply in the case.
The question "is not whether the government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs Act resolves that issue and many others like it to come," he wrote. He concluded it did not.
The 50-page ruling said Orenstein made the decision after weighing the relative closeness of Apple's relationship to the underlying criminal case and government investigation, the burden the requested order would place on the company and the "necessity of imposing such a burden on Apple."
None of those factors justifies imposing on Apple the obligation to assist the government's investigation against the company's will, he wrote.
The decision sets the stage for appeals that could eventually reach the U.S. Supreme Court.
"What today's ruling proves is that Apple's objections to the order aren't frivolous and indeed might well be meritorious," said Steven Vladeck, professor at American University's Washington College of the Law.
Department of Justice spokeswoman Emily Pierce issued a statement saying the government was disappointed by the ruling and plans to appeal it to a Brooklyn district court judge.
“Apple expressly agreed to assist the government in accessing the data on this iPhone — as it had many times before in similar circumstances — and only changed course when the government’s application for assistance was made public by the court," the government said.
The ruling marks a significant if at least a temporary legal victory for Apple, which has argued that it should not be forced to violate the privacy expectations of customers who buy its products.

http://www.usatoday.com/story/money/2016/02/29/judge-denies-fed-request-force-apple-bypass-iphone-passcode/81125500/

[sinkspur]

Apple is going to win the "terrorist" case.  The government cannot force a company to build something that does not exist.

[17 Oaks]

Apple is going to win the "terrorist" case.  The government cannot force a company to build something that does not exist.

When you just stop and think on it, its STUPID, just plain stupid!  But DoJ (they interviewed Lynch today) said they will win the case albeit nothing that racist said made any sense at all, spoken like a TRUE COMMIE!


Here I am sitting in my BVD's drinkin a cold one when LowRetta Lynch knocks on my door.


Knock Knock:  Who is there?


LowRetta Lynch:  Whos Dat?


DoJ:  Ok what do you want and no your not welcome in the house


Weez understand you are a 'puter GuRu:  Well yes, but I am tired and retired


We wants you to build a new Operating System, from scratch that works on a iPhone that only we can use:  Let me get this straight, you want me to build something that don't exist to work on a iFone in place of the OS that does work on it and you want it WHEN?


We NEEDS it NOW and a Federals Judge says you have to:  LOL Yea and the horse you rode in on!  And you can tell McJudge who clearly does not know Brown from Shinola and all your FBI Agent Mans need to go buy the book Operating Systems for Dummies...anyhow today is Monday and on Thursday I wash my hair so this conversation is over LowRetta!

[Bill Cipher]

I wonder if this will get expedited to the Supreme Court.

[17 Oaks]

I wonder if this will get expedited to the Supreme Court.

I would say that under Reagan this would not go to SCOTUS, but under Obama it may well as I believe he interferes with SCOTUS...aka ObamaCare