In a New York case, Judge Orenstein has ruled in favor of Apple, denying a government request for information on an iPhone. Orenstein had paused the request to allow Apple to file in opposition of the order because it involved the broad interpretation of a law that has been used to force private companies to comply with requests for user information.
The request to compel Apple to provide information on the iPhone was relatively routine (Apple has complied with these requests before,) but relied on an expanded interpretation of the All Writs Act — which is currently also being used to try to force Apple to unlock an iPhone in a separate case in California. In the NY case, Apple could provide information because the iPhone involved was running an older version of iOS, which allows it to extract data similar to an iPhone backup and provide that to the authorities with proper warrant for further analysis.
“…after reviewing the facts in the record and the parties’ arguments, I conclude that none of those factors justifies imposing on Apple the obligation to assist the government’s investigation against its will. I therefore deny the motion,” reads Orenstein’s order.
Orenstein concludes the ruling by explicitly laying out what many security experts have been talking about in the California case, where the FBI wants Apple to create software to help it crack an iPhone passcode. Namely, that this is absolutely not just about a ‘single device’, but instead whether the All Writs Act can be used to force compliance by private companies:
Ultimately, the question to be answered in this matter, and in others like it across the country, 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 yet to come. For the reasons set forth above, I conclude that it does not. The government’s motion is denied.
More information to follow
Here is the full ruling:
Source: http://feedproxy.google.com/~r/Techcrunch/~3/eyoI4hH9eIc/