“A federal judge in New York is seeking to expand to the courts the hot debate over whether tech companies should be forced to find ways to unlock encrypted smartphones and other devices for law enforcement,” Ellen Nakashima reports for The Washington Post.
“Magistrate Judge James Orenstein of the U.S. District Court for the Eastern District of New York released an order Friday that suggests he would not issue a government-sought order to compel the tech giant Apple to unlock a customer’s smartphone,” Nakashima reports. “But before he can rule, the judge said, he wants Apple to explain whether the government’s request would be ‘unduly burdensome.'”
“Orenstein, one of a handful of magistrates across the country who are activists in the surveillance debate, is trying to stoke a similar discussion on encryption, colleagues and analysts say,” Nakashima reports. “But Orenstein may have chosen the wrong case with which to start a debate. Law enforcement officials said Saturday that the device at issue is a phone that runs on an older version of Apple’s operating system that Apple can unlock.”
“The national debate began last year when Apple started offering encryption on its newest smartphones that could be unlocked only by the device’s owner,” Nakashima reports. “Orenstein directed Apple to submit its views no later than Thursday. He also invited the government and the company, if either party wished, to present oral arguments on the matter on Oct. 22.”
Read more in the full article here.
MacDailyNews Take: An activist judge who supports citizens’ privacy rights would need to make such as move with an iPhone running iOS 8 or later which Apple simply cannot open even if so ordered.
Regardless of whether we agree with activist judges (isn’t that the legislative branch’s job?), the U.S. government should adhere to the U.S. Constitution.
Visit the Apple-backed reformgovernmentsurveillance.com today.
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