Business
Apple can't be forced by FBI to unlock iPhone
Washington, March 1
A federal magistrate-judge in New York city has ruled that the government can't force Apple to hack an iPhone to investigate a drug dealer.
It's a win for Apple, which is being pressured by federal law enforcement agents to help it break into iPhones in at least 13 instances across the country.
Apple says doing the federal government's bidding would undermine the security features in hundreds of millions of iPhones around the world, CNN reported.
So far, the justice department was relying on the All Writs Act, 1789, which gives judges broad discretion in carrying out the law.
On Monday, Judge James Orenstein said federal investigators cannot use that law to pull this off.
The US government's argument does not justify "imposing on Apple the obligation to assist the government's investigation against its will", the judge said.
The judge said law enforcement was inappropriately trying to use powers that it had not been given by the US Congress.
"The question is not whether the government should be able to force Apple to help it unlock a specific device," Orenstein said.
"It is instead whether the All Writs Act resolves that issue and many others like it yet to come... I conclude it does not," the judge ruled.
The case involves a methamphetamine dealer, Jun Feng, who was arrested in 2014 and cut a plea deal with prosecutors.
The Drug Enforcement Agency in 2015 got a search warrant to look through Feng's iPhone 5C to track down his fellow drug dealers and customers, but the device was running the iOS 7, and agents could not crack the passcode to see the data inside.
The agency sought Apple's help. Apple initially said it would help. The US Department of Justice claims Apple was being inconsistent.
"Apple... only changed course when the government's application for assistance was made public by the court," the department said on Monday.
An Apple senior executive said on Monday that the company did offer to help -- but only if the US government makes a lawful request.
"We will produce information when there is a lawful order to do so," the executive said. "But Judge Orenstein, on his own behalf, said he would not issue this order."
It's a win for Apple, which is being pressured by federal law enforcement agents to help it break into iPhones in at least 13 instances across the country.
Apple says doing the federal government's bidding would undermine the security features in hundreds of millions of iPhones around the world, CNN reported.
So far, the justice department was relying on the All Writs Act, 1789, which gives judges broad discretion in carrying out the law.
On Monday, Judge James Orenstein said federal investigators cannot use that law to pull this off.
The US government's argument does not justify "imposing on Apple the obligation to assist the government's investigation against its will", the judge said.
The judge said law enforcement was inappropriately trying to use powers that it had not been given by the US Congress.
"The question is not whether the government should be able to force Apple to help it unlock a specific device," Orenstein said.
"It is instead whether the All Writs Act resolves that issue and many others like it yet to come... I conclude it does not," the judge ruled.
The case involves a methamphetamine dealer, Jun Feng, who was arrested in 2014 and cut a plea deal with prosecutors.
The Drug Enforcement Agency in 2015 got a search warrant to look through Feng's iPhone 5C to track down his fellow drug dealers and customers, but the device was running the iOS 7, and agents could not crack the passcode to see the data inside.
The agency sought Apple's help. Apple initially said it would help. The US Department of Justice claims Apple was being inconsistent.
"Apple... only changed course when the government's application for assistance was made public by the court," the department said on Monday.
An Apple senior executive said on Monday that the company did offer to help -- but only if the US government makes a lawful request.
"We will produce information when there is a lawful order to do so," the executive said. "But Judge Orenstein, on his own behalf, said he would not issue this order."
3 hours ago
Joe Biden's son Hunter Biden to be sentenced on December 4
3 hours ago
Preparations in full swing for 'Modi&US' event in New York
12 hours ago
Trump Blames 'Radical Left' for Second Assassination Attempt at New York Rally, Lacks Evidence
12 hours ago
Defense Secretary Austin Reaffirms US Support for Israel Amid Iran and Hezbollah Threats
12 hours ago
USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals
12 hours ago
Foreign Secretary Vikram Misri Highlights Bilateral, Plurilateral, and Multilateral Aspects of PM Modi's US Visit
12 hours ago
Kamala Harris Links Georgia Woman's Death to Abortion Ban, Criticizes Trump
12 hours ago
Colorado Springs Shooting Spree: Indian-Origin Plastic Surgeon Charged with Multiple Felonies
13 hours ago
USCIS Announces 36-Month Automatic Green Card Extension for I-90 Applicants
13 hours ago
Jaipur Foot US celebrates PM Narendra Modi's birthday in New York
13 hours ago
India dismisses Pannun's lawsuit over 'assassination' attempt against Indian govt in US
13 hours ago
Visit has bilateral, plurilateral and multilateral aspects: Foreign Secretary Vikram Misri on PM Modi's visit to US
13 hours ago
Centre to probe death of young EY employee after mother complains of work pressure