“Newly discovered court documents from two federal criminal cases in New York and California that remain otherwise sealed suggest that the Department of Justice (DOJ) is pursuing an unusual legal strategy to compel cellphone makers to assist investigations,” Cyrus Farivar reports for Ars Technica.
“In both cases, the seized phones—one of which is an iPhone 5S—are encrypted and cannot be cracked by federal authorities,” Farivar reports. “Prosecutors have now invoked the All Writs Act, an 18th-century federal law that simply allows courts to issue a writ, or order, which compels a person or company to do something.”
“Some legal experts are concerned that these rarely made public examples of the lengths the government is willing to go in defeating encrypted phones raise new questions as to how far the government can compel a private company to aid a criminal investigation,” Farivar reports. “Two federal judges agree that the phone manufacturer in each case—one of which remains sealed, one of which is definitively Apple—should provide aid to the government.”
Read more in the full article here.
MacDailyNews Take: As we wrote last week, if Apple can’t unlock a device due to the way its designed, then they can’t unlock it. Case closed. But can the U.S. government force Apple to design devices that can be unlocked?
United States Constitution, Amendment IV:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. – Benjamin Franklin, Historical Review of Pennsylvania, 1759
Freedom is never more than one generation away from extinction. We didn’t pass it on to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children’s children what it was once like in the United States where men were free. – Ronald Reagan, March 30, 1961
Visit the Apple-backed reformgovernmentsurveillance.com today.
U.S. DOJ turns to 225-year-old law to force Apple, Google to unlock password-protected devices – November 26, 2014
DOJ warns Apple: iPhone encryption will lead to a child dying – November 19, 2014