In new court filing, Apple cites 9 other cases in which FBI asserted the All Writs Act

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in iPhone
In a letter filed last week and unsealed Tuesday, Apple told a New York judge that the federal government had asserted the All Writs Act -- the 18th-century law at the center of Apple's fight with the FBI -- in at least nine pending court cases beyond the San Bernardino, Calif., shooting.




The requests were filed between October of 2015 and this month in several jurisdictions: three in New York, three in Illinois, two in California, and one in Massachusetts. Apple objected in seven cases, with two still pending.

Written by attorney Marc Zwillinger, the letter was submitted as part of a drug case being litigated in New York. Apple is attempting to have the judge in that case -- in which the defendant has already pled guilty -- rule on whether the All Writs Act can be used to force Apple to decrypt currently-encrypted devices.

"The question of whether the All Writs Act can properly compel a third party like Apple to assist law enforcement in its investigative efforts by bypassing the security mechanisms on its device has been fully briefed and argued," Apple wrote in an earlier letter to the judge. "The Court is thus already in a position to render a decision on that question."

That the All Writs Act has been asserted in other cases seems to weaken the FBI's argument in the San Bernardino case, while supporting Apple's view that the bureau is working to set a dangerous legal precedent.

"The attached order [from the San Bernardino case] directs Apple to perform even more burdensome and involved engineering than that sought in the case currently before this Court - i.e., 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," Zwillinger wrote in the most recent letter. "As invited by the California court's order, Apple intends to promptly seek relief. But, as this recent case makes apparent, the issue remains quite pressing."

As the public debate rages on, a number of government officials -- notably including former NSA chief Michael Hayden -- have cautioned that this issue must be dealt with thoughtfully, lest it lead to unintended consequences:

"Look, I used to run the NSA, OK?" Hayden told USA TODAY. "Back doors are good. Please, please, Lord, put back doors in, because I and a whole bunch of other talented security services around the world -- even though that back door was not intended for me -- that back door will make it easier for me to do what I want to do, which is to penetrate."
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Comments

  • Reply 1 of 67
    damonfdamonf Posts: 217member
    Soooooo what was the FBI saying about "Just this once" regarding the San Bernardino iPhone?  Looks like "more than once" to me.
    edited February 2016 magman1979Anicalijbdragonlatifbptdknoxbaconstanglostkiwiboopthesnoot
  • Reply 2 of 67
    "But but but it's just one phone."
    magman1979ai46calijbdragontdknoxlostkiwi
  • Reply 3 of 67
    So it looks like James Comey just got caught in a lie. So much for it being just one phone. 
    edited February 2016 jfc1138magman1979calijbdragonlatifbptdknoxbaconstanglostkiwipalomine
  • Reply 4 of 67
    proxprox Posts: 15member
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
  • Reply 5 of 67
    ibillibill Posts: 392member
    prox said:
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
    Do you have a source for that claim, or are you just making stuff up?
    cincymacwilliamlondontzm41ai46jony0calimontrosemacsjbdragontallest skiltdknox
  • Reply 6 of 67
    muppetrymuppetry Posts: 3,328member
    If that is as it appears to be, then the FBI's credibility score just lost a good few points.
    cincymacai46calitdknoxbaconstanglostkiwi
  • Reply 7 of 67
    prox said:
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
    What are you talking about? 
    williamlondontallest skil
  • Reply 8 of 67
    jfc1138jfc1138 Posts: 3,090member
    prox said:
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
    Who are already dead AND destroyed their own phones which was where the good stuff was AND Verizon has already given the FBI every phone record on who they called, emailed etc. using all three phones. No potential co-conspirator is going unnoticed unless all the terrorists did was take a selfie with the work phone in front of a bomb cache with their buddies and then not post it anywhere.......

    While the FBI didn't demand the iPhone be opened for access but instead demanded DELIVERY of a software masterkey kit to them (as is stated specifically in the magistrate's ruling): which would compromise a lot more than "just that one terrorist's" phone.
    edited February 2016 ai46banchotdknoxindyfxbaconstangnumenorean
  • Reply 9 of 67
    prox said:
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
    Really? Do you have any evidence or are you here to spread lies?
    cincymacwilliamlondontzm41Aniai46jbdragonkevin keetdknoxsteveh
  • Reply 10 of 67
    jkichlinejkichline Posts: 1,335member
    ibill said:
    prox said:
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
    Do you have a source for that claim, or are you just making stuff up?
    I'm sure they are just repeating what Fox News told him to say.
    cincymacwilliamlondontzm41Aniai46calimontrosemacstdknoxbaconstanglostkiwi
  • Reply 11 of 67
    proxprox Posts: 15member
    ibill said:
    prox said:
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
    Do you have a source for that claim, or are you just making stuff up?
    http://www.dailymail.co.uk/news/article-3456654/Apple-refusing-unlock-San-Bernardino-terrorist-s-phone-ask-did-seemingly-let-China-secret-data-security-checks-year.html I think if you do a Google Search plenty more articles can be found.
  • Reply 12 of 67
    icoco3icoco3 Posts: 1,459member
    damonf said:
    Soooooo what was the FBI saying about "Just this once" regarding the San Bernardino iPhone?  Looks like "more than once" to me.
    For the FBI if this was the first time they are asking.... ;)

    They act as if their whole case revolves around that one phone.  I doubt anything nefarious transpired on that phone knowing that is was a work device.
    baconstanglostkiwi
  • Reply 13 of 67
    So it looks like James Comey just got caught in a lie. So much for it being just one phone. 
    When Comey was asked if he always tells the truth:
    I've always tried to. Always. Always.

    Have you ever lied?
    "Have I ever?" I don't believe I ever have. I don't believe I ever have. I don't believe I ever will. I'm gonna do the best I can to level with the American people.

    Oh, sorry, I'm confusing those quotes with a presidential candidate.
    edited February 2016 h2pjbdragonbaconstanglostkiwi
  • Reply 14 of 67
    prox said:
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
    Just so you know how this works: posting two falsehoods and conflating them does not amount to a valid argument.
    magman1979banchojbdragonai46tdknoxpscooter63hlee1169
  • Reply 15 of 67
    That start line of that disputed slope is now in full view and is not just slippery but is a full fledged bobsled run. 
    jbdragonai46tdknoxlostkiwi
  • Reply 16 of 67
    proxprox Posts: 15member
    minglok50 said:
    prox said:
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
    Really? Do you have any evidence or are you here to spread lies?
    http://qz.com/332059/apple-is-reportedly-giving-the-chinese-government-access-to-its-devices-for-a-security-assessment/
  • Reply 17 of 67
    muppetrymuppetry Posts: 3,328member
    prox said:
    ibill said:
    Do you have a source for that claim, or are you just making stuff up?
    http://www.dailymail.co.uk/news/article-3456654/Apple-refusing-unlock-San-Bernardino-terrorist-s-phone-ask-did-seemingly-let-China-secret-data-security-checks-year.html I think if you do a Google Search plenty more articles can be found.
    Ah - you mean a bunch of speculation about how Apple convinced the Chinese government that there were no backdoors, primarily comprising the assertion that in doing so they gave them a backdoor. Is that your idea of evidence?
    magman1979williamlondonjbdragonmwhitehlee1169lostkiwistevehpalomine
  • Reply 18 of 67
    proxprox Posts: 15member
  • Reply 19 of 67
    proxprox Posts: 15member
    jkichline said:
    ibill said:
    Do you have a source for that claim, or are you just making stuff up?
    I'm sure they are just repeating what Fox News told him to say.
    http://www.france24.com/en/20160219-usa-apple-plays-digital-privacy-hardball-with-fbi-but-not-china
  • Reply 20 of 67
    slurpyslurpy Posts: 5,152member
    prox said:
    But every Apple product in China has information given to Chinese government. Apple can not help the United States with a terrorist that killed Americans on American soil?
    Ever notice that people who are intent to shit on Apple for their stand, ALWAYS talk out of their ass, like this fine specimen?
    magman1979icoco3minglok50williamlondoncalijbdragonflaneurkevin keemwhiteai46
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