Judge Rules in Apple's Favor; No Unlocking
Posted by: Timothy Weaver on 03/01/2016 11:28 AM
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In what could be a far reaching decision, a New York judge has ruled that police overstepped the law when they called on Apple to unlock the iPhone of a suspected drug dealer.
"The relief the government seeks is unavailable because Congress has considered legislation that would achieve the same result but has not adopted it," he wrote.
The decision could affect the case of the U.S. vs Apple in the San Bernardino attacks. The New York case involved the US Drug Enforcement Agency and the FBI who went to court to compel Apple to help it break into an iPhone confiscated in June of 2014 from a suspected methamphetamine trafficker.
Both cases rely on the auspices of the All Writs Act; a 1789 law that gives wide latitude to law enforcement.
Orenstein refused to issue the order in the case, saying it undermined Constitutional principles and was a matter to be dealt with by Congress.
Source: Security Week
"The relief the government seeks is unavailable because Congress has considered legislation that would achieve the same result but has not adopted it," he wrote.
The decision could affect the case of the U.S. vs Apple in the San Bernardino attacks. The New York case involved the US Drug Enforcement Agency and the FBI who went to court to compel Apple to help it break into an iPhone confiscated in June of 2014 from a suspected methamphetamine trafficker.
Both cases rely on the auspices of the All Writs Act; a 1789 law that gives wide latitude to law enforcement.
Orenstein refused to issue the order in the case, saying it undermined Constitutional principles and was a matter to be dealt with by Congress.
Source: Security Week
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