“It was a case about a drug dealer in New York, not a terrorist in California,” Philip Elmer-DeWitt reports for Fortune. “But when U.S. Magistrate Judge James Orenstein on Monday denied a routine request to unlock an iPhone in Brooklyn, he clearly had bigger issues in mind.”

“In a 50-page ruling that read like a Supreme Court brief, he rejected in no uncertain terms the Department of Justice’s aggressive use of the broad powers of the 1789 All Writs Act to force Apple to do its bidding in San Bernardino,” P.E.D. reports. “Using the word ‘tyranny’ once and ‘absurd’ nine times, Judge Orenstein accused the DOJ of trying to use the authority of the All Writs Act to get through the courts what it couldn’t get from Congress.”

“It’s one thing for Tim Cook and his supporters in Silicon Valley to accuse the government of over-reaching. It’s quite another when the accusation comes from a federal judge,” P.E.D. reports. “‘[The DOJ’s] preferred reading of the law,’ he wrote, ‘would transform the [All Writs Act] from a limited gap-filing statute that ensures the smooth functioning of the judiciary itself into a mechanism for upending the separation of powers.'”

Read more in the full article here.

MacDailyNews Take: As much as Judge Sheri Pym doesn’t get it, Judge Orenstein does.

SEE ALSO:
U.S. Magistrate Judge: The U.S. government cannot force Apple to unlock an iPhone in New York drug case – February 29, 2016
Apple wants judge to rule if it can be forced to unlock defendant’s iPhone – February 16, 2016
Government pressure for Apple to bypass encryption reduced as iPhone owner enters guilty plea – October 31, 2015
Judge compares government request for Apple to access users’ iPhone data to execution order – October 27, 2015
U.S. judge expresses doubts over forcing Apple to unlock iPhone – October 26, 2015
US DOJ claims Apple lacks legal standing to refuse iPhone unlock order – October 23, 2015
Apple tells U.S. judge it can’t unlock iPhones running iOS 8 or higher – October 20, 2015
a href=”http://macdailynews.com/2015/10/20/apple-ceo-cook-defends-encryption-opposes-back-door-for-government-spies/”>Apple CEO Cook defends encryption, opposes back door for government spies – October 20, 2015
With Apple court order, activist federal judge seeks to fuel debate about data encryption – October 12, 2015
Judge declines to order Apple to disable security on device seized by U.S. government – October 10, 2015
Apple refused to give iMessages to the U.S. government – September 8, 2015
Obama administration war against Apple just got uglier – July 31, 2015
Edward Snowden: Apple is a privacy pioneer – June 5, 2015
U.S. Senate blocks measures to extend so-called Patriot Act; NSA’s bulk collection of phone records in jeopardy – May 23, 2015
Rand Paul commandeers U.S. Senate to protest so-called Patriot Act, government intrusion on Americans’ privacy – May 20, 2015
Apple, others urge Obama to reject any proposal for smartphone backdoors – May 19, 2015
U.S. appeals court rules NSA bulk collection of phone data illegal – May 7, 2015
In open letter to Obama, Apple, Google, others urge Patriot Act not be renewed – March 26, 2015
Apple’s iOS encryption has ‘petrified’ the U.S. administration, governments around the world – March 19, 2015