ahlam1399
03-01-2016, 02:38 AM
http://cdn.macrumors.com/article-new/2016/02/iPhone-Passcode-250x317.jpgAlongside its battle with the U.S. government over an order to break into the iPhone owned by San Bernardi** shooter Syed Farook, Apple has also been embroiled in a dispute over a similar case in New York. In late 2015, the Department of Justice asked a NY federal magistrate judge (http://www.macrumors.com/2015/10/20/apple-ios-device-encryption-ios-8/) to order Apple to help authorities gain access to an iPhone seized as evidence in a drug trafficking case.
At the time, Apple explained that while it could technically unlock the iPhone in question because it was running an older version of iOS, being forced to comply with the order could "substantially tarnish the Apple brand." This after**on, Judge James Orenstein, who is presiding over the New York case, decided in favor of Apple (via TechCrunch (http://techcrunch.com/2016/02/29/ny-judge-rules-in-favor-of-apple-in-government-request-for-iphone-data/)), handing down a ruling (http://www.scribd.com/doc/301280124/Apple-New-York-2-29-16) that could potentially impact the much more prominent San Bernardi** dispute.
According to the New York ruling, Apple can**t be forced to help law enforcement access data on an iPhone using the justification that the court has the power to make such an order under the All Writs Act, an argument the FBI also uses in the San Bernardi** case. Apple has also argued the All Writs Act does **t give the government a pass to "conscript and commandeer" the company.
"The established rules for interpreting a statute's text constrain me to reject the government's interpretation that the AWA empowers a court to grant any relief **t outright prohibited by law," writes Orenstein. "The extraordinary relief [the government] seeks can**t be considered 'agreeable to the usages and principles of law,'" reads a**ther section. He goes on to outline his reasoning and concludes with the opinion that the larger issue of encryption should be decided by legislation, **t by the court.In deciding this motion, I offer ** opinion as to whether, in the circumstances of this case or others, the government's legitimate interest in ensuring that ** door is too strong to resist lawful entry should prevail against the equally legitimate societal interests arrayed against it here. [...]
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 tech**logical advance flows ever farther past the boundaries of what seemed possible even a few decades ago.
But that debate must happen today, and it must take place among legislators who are equipped to consider the tech**logical and cultural realities of a world their predecessors could **t begin to conceive. It would betray our constitutional heritage and our people's claim to democratic governance for a judge to pretend that our Founders already had that debate, and ended it, in 1789.According to TechCrunch, a senior Apple executive has suggested that while New York case does **t set a binding legal precedent in regard to the San Bernardi** case, it sets "an important precedent of opinion."
Apple has officially opposed (http://www.macrumors.com/2016/02/25/apple-files-motion-to-vacate-fbi-order/) an order that would require it to help the FBI break into the iPhone owned by San Bernardi** shooter Syed Farook and will **w face off against the government in court on March 22.
**te: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues (http://forums.macrumors.com/forumdisplay.php?f=47) forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.
Tag: Apple-FBI (http://www.macrumors.com/roundup/apple-fbi/)
Discuss this article (http://forums.macrumors.com/threads/ny-judge-rules-in-apples-favor-on-unlocking-issue.1958981/) in our forums
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أكثر... (http://www.macrumors.com/2016/02/29/ny-judge-rules-in-apples-favor-on-unlocking-issue/)
At the time, Apple explained that while it could technically unlock the iPhone in question because it was running an older version of iOS, being forced to comply with the order could "substantially tarnish the Apple brand." This after**on, Judge James Orenstein, who is presiding over the New York case, decided in favor of Apple (via TechCrunch (http://techcrunch.com/2016/02/29/ny-judge-rules-in-favor-of-apple-in-government-request-for-iphone-data/)), handing down a ruling (http://www.scribd.com/doc/301280124/Apple-New-York-2-29-16) that could potentially impact the much more prominent San Bernardi** dispute.
According to the New York ruling, Apple can**t be forced to help law enforcement access data on an iPhone using the justification that the court has the power to make such an order under the All Writs Act, an argument the FBI also uses in the San Bernardi** case. Apple has also argued the All Writs Act does **t give the government a pass to "conscript and commandeer" the company.
"The established rules for interpreting a statute's text constrain me to reject the government's interpretation that the AWA empowers a court to grant any relief **t outright prohibited by law," writes Orenstein. "The extraordinary relief [the government] seeks can**t be considered 'agreeable to the usages and principles of law,'" reads a**ther section. He goes on to outline his reasoning and concludes with the opinion that the larger issue of encryption should be decided by legislation, **t by the court.In deciding this motion, I offer ** opinion as to whether, in the circumstances of this case or others, the government's legitimate interest in ensuring that ** door is too strong to resist lawful entry should prevail against the equally legitimate societal interests arrayed against it here. [...]
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 tech**logical advance flows ever farther past the boundaries of what seemed possible even a few decades ago.
But that debate must happen today, and it must take place among legislators who are equipped to consider the tech**logical and cultural realities of a world their predecessors could **t begin to conceive. It would betray our constitutional heritage and our people's claim to democratic governance for a judge to pretend that our Founders already had that debate, and ended it, in 1789.According to TechCrunch, a senior Apple executive has suggested that while New York case does **t set a binding legal precedent in regard to the San Bernardi** case, it sets "an important precedent of opinion."
Apple has officially opposed (http://www.macrumors.com/2016/02/25/apple-files-motion-to-vacate-fbi-order/) an order that would require it to help the FBI break into the iPhone owned by San Bernardi** shooter Syed Farook and will **w face off against the government in court on March 22.
**te: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues (http://forums.macrumors.com/forumdisplay.php?f=47) forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.
Tag: Apple-FBI (http://www.macrumors.com/roundup/apple-fbi/)
Discuss this article (http://forums.macrumors.com/threads/ny-judge-rules-in-apples-favor-on-unlocking-issue.1958981/) in our forums
http://feeds.feedburner.com/~ff/MacRumors-All?d=6W8y8wAjSf4 (http://feeds.macrumors.com/~ff/MacRumors-All?a=AJF06IS8Dn8:DNE9ZX35h7s:6W8y8wAjSf4) http://feeds.feedburner.com/~ff/MacRumors-All?d=qj6IDK7rITs (http://feeds.macrumors.com/~ff/MacRumors-All?a=AJF06IS8Dn8:DNE9ZX35h7s:qj6IDK7rITs)
http://feeds.feedburner.com/~r/MacRumors-All/~4/AJF06IS8Dn8
أكثر... (http://www.macrumors.com/2016/02/29/ny-judge-rules-in-apples-favor-on-unlocking-issue/)