Welcome, Guest! - or
Easy to remember!  »  VinNews.com

Brooklyn, NY - NY Judge: US Cannot Make Apple Provide FBI Access To Locked iPhone Data

Published on: February 29, 2016 05:31 PM
By: AP
Change text size Text Size  
A man displays a protest message on his iPhone at a small rally in support of Apple's refusal to help the FBI access the cell phone of a gunman involved in the killings of 14 people in San Bernardino, in Santa Monica, California, United States, February 23, 2016.  REUTERS/Lucy Nicholson - A man displays a protest message on his iPhone at a small rally in support of Apple's refusal to help the FBI access the cell phone of a gunman involved in the killings of 14 people in San Bernardino, in Santa Monica, California, United States, February 23, 2016.  REUTERS/Lucy Nicholson -

Brooklyn, NY - The U.S. Justice Department cannot force Apple to provide the FBI with access to a locked iPhone data in a routine Brooklyn drug case, a magistrate judge ruled Monday.

Advertisement:

U.S. Magistrate Judge James Orenstein’s written decision gives support to the company’s position in its fight against a California judge’s order that it create specialized software to help the FBI hack into an iPhone linked to the San Bernardino terrorism investigation. Apple’s filing to oppose the order by Magistrate Judge Sheri Pym in California is due by Friday.

The San Bernardino County-owned iPhone 5C was used by Syed Farook, who was a health inspector. He and his wife Tashfeen Malik killed 14 people during a Dec. 2 attack that was at least partly inspired by the Islamic State group.

Apple’s opposition to the government’s tactics has evoked a national debate over digital privacy rights and national security.

Orenstein concluded that Apple is not obligated to assist government investigators against its will and noted that Congress has not adopted legislation that would achieve the result sought by the government.

“How best to balance those interests is a matter of critical importance to our society, and the need for an answer becomes more pressing daily, as the tide of technological advance flows ever farther past the boundaries of what seemed possible even a few decades ago,” Orenstein wrote. “But that debate must happen today, and it must take place among legislators who are equipped to consider the technological and cultural realities of a world their predecessors could not begin to conceive.”

A Justice Department spokesman said they were disappointed in the ruling and planned to appeal in the coming days. Apple and their attorneys said they were reading opinion and will comment later.

In October, Orenstein invited Apple to challenge the government’s use of a 227-year-old law to compel Apple to help it recover iPhone data in criminal cases.

The Cupertino, California-based computer maker did, saying in court papers that extracting information from an iPhone “could threaten the trust between Apple and its customers and substantially tarnish the Apple brand.”

It followed up by declining to cooperate in a dozen more instances in four states involving government requests to aid criminal probes by retrieving data from individual iPhones.

Federal prosecutors say Apple has stopped short of challenging court orders judicially, except in the cases before Orenstein and the California jurist who ruled about the San Bernardino shooter’s phone.

“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,” Orenstein wrote. “For the reasons set forth above, I conclude that it does not.”



More of today's headlines

New York - Meal-kit companies have exploded in the past four years, shipping boxes of raw meat, seafood, fresh vegetables and other ingredients to busy city folk who... West Bank - The IDF launched a dramatic rescue operation to extract two Oketz K-9 unit soldiers who accidentally strayed into the Palestinian Kalandia neighborhood in...

 

Total6

Read Comments (6)  —  Post Yours »

1

 Feb 29, 2016 at 06:46 PM jay Says:

Well, I'm not purchasing any apple product ever again! A company that protects terrorism against my fellow American brothers and sisters does not deserve my support in any way!

2

 Feb 29, 2016 at 08:17 PM ONLY SIMCHES Says:

I hope Apple realizes there's a HUGE difference between a routine Brooklyn drug case & a terrorist attack where many ppl l"o lost their lives!
APPLE UNBLOCK THAT STUPID PHONE ALREADY RIGHT NOW!!

3

 Feb 29, 2016 at 10:56 PM Anonymous Says:

Why can Apple just open that one iPhone belonging to the terrorist?

4

 Feb 29, 2016 at 11:33 PM Rush Limbaugh Says:

Apple is a problem but the real problem in this country is that we allow sick minded fools to be judges. Judge Orenstein is a prime example of a stupid donkey sitting on the court bench. Shame on whoever appointed the fool to the court.

5

 Mar 01, 2016 at 07:58 AM My2Cents Says:

Do any of you have any idea what the FBI is requesting?

In very simple terms the FBI is asking apple to build a master key (back door) to it's operating system which is one of the most secure there is. There's a reason Iphones don't get viruses.
If this master key is built then anyone with that information will be able to access anyone's device from anywhere. This would be a very bad thing for security in general. This can affect millions of people.

Apple is doing the right thing here. The future of digital security is at stake if the FBI succeeds at forcing Apple to do this.
FYI, Apple did release all information they had.

6

 Mar 01, 2016 at 01:00 PM JackC Says:

Reply to #5  
My2Cents Says:

Do any of you have any idea what the FBI is requesting?

In very simple terms the FBI is asking apple to build a master key (back door) to it's operating system which is one of the most secure there is. There's a reason Iphones don't get viruses.
If this master key is built then anyone with that information will be able to access anyone's device from anywhere. This would be a very bad thing for security in general. This can affect millions of people.

Apple is doing the right thing here. The future of digital security is at stake if the FBI succeeds at forcing Apple to do this.
FYI, Apple did release all information they had.

Agreed.

Or are you ready for the time when hackers or the government view your private information from inside your home because the systems are not secure. Look at the recent court case where a TV sports reporter's life was upended by nude pictures, taken surreptitiously in the privacy of her own hotel room being spread all over the internet.

7

Sign-in to post a comment

Click here to sign-in.

Scroll Up
Advertisements:
Sell your scrap gold and broken jewelry and earn hard cash sell gold today!