plovell

Apple needs to be cautious that the court does not vacate Judge Orenstein's earlier denial. That is a very powerful argument and should remain on the record. I'm sure the FBI would love to have it erased - we must be sure that doesn't happen.

CMA102DL said:

No dormant cyber pathogen? DA? FBI? Is it possible that they lied to us?

HA !! I'd forgotten about that. That dork should be fired for incompetence. Problem is that his manager is probably no more competent, and so will not.

The only surprise is that this leak was not 4:30 pm on Friday afternoon to make sure it was lost. Now it'll pop up on Thursday's news screens "FBI Learned Nothing From iPhone" And learned nothing from a lot more. But most folks have not a clue about that

mattinoz said:

brakken said:

fbi unconstitutionally attacks Apple.
Apple refuses and adheres to the law.
fbi starts talking about 'emotions' after suddenly dropping the case the day before law could proceed.

The fbi needs to be disbanded.

you missed step one
FBI waits for case with strong emotional pull.

Of course, that's what it thought it had with San Bernardino. And then was most surprised at the blowback.

And let's not forget the New York case.  This lacks the emotional pull - it's about a drug dealer who has already pleaded guilty, but the FBI wants to search his phone for contacts. That request was filed before San Bernardino happened, but Judge Orenstein had recognized that an ex party decision, without giving Apple an opportunity to be heard, was inappropriate. So he ordered both sides to present briefs and oral arguments.

Then San Bernardino happened. Any FBI case manager with an ounce of sense would have withdrawn the NY request, knowing that it was already being challenged. But it didn't, and Judge Orenstein's well-reasoned denial of the request is the result. So FBI now is making a double-or-nothing play by appealing the decision, hoping that it will be overturned. 

Really, really incompetent.

He's right, but he forgets that we already had the public debate. The passage in 1994 of the Communications Assistance in Law Enforcement (CALEA) act is the result. He doesn't like what to provides him so he wants a do-over. 

Sorry, but that's how the system works. We debated it - at great length. And this compromise is what resulted.