REPUBLIKA.CO.ID, WASHINGTON -- A US federal judge rules the US Government cannot force Apple to unlock an iPhone in a New York drug case, in a ruling that bolsters the company's argument against the Justice Department in the San Bernardino terrorist attack.
The United States Government cannot force Apple to unlock an iPhone in a New York drug case, a federal judge in Brooklyn says.
The ruling bolsters the company's arguments in its legal showdown with the Justice Department over encryption and privacy.
The Government sought access to the phone in the Brooklyn case in October, months before a judge in California ordered Apple to take special measures to give the Government access to the phone used by one of the shooters in the San Bernardino attacks.
US Magistrate Judge James Orenstein in Brooklyn ruled that he did not have the legal authority to order Apple to disable the security of an iPhone that was seized during a drug investigation.
His ruling echoed many of the arguments that Apple has made in the San Bernardino case, particularly his finding that a 1789 law called the All Writs Act cannot be used to force Apple to open the phone.
A senior Apple executive, who spoke on condition he not be named, said the decision would bode well for the company in the San Bernardino case, which has touched off a fierce national debate about the balance between fighting crime and preserving privacy in the digital age.
He said that the Government's demands in the San Bernardino case, which include compelling Apple to alter its operating system, were even more far-reaching than in the NY case.
Although the judge in the San Bernardino case will not be bound by Judge Orenstein decision, the senior Apple executive said it will likely be influential.
The Justice Department said it was "disappointed" in Judge Orenstein's ruling and planned to ask a higher judge within the same federal district to review the matter in coming days.
Judge Orenstein said his ruling in Apple's favour was not a decision on "whether the Government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs Act resolves that issue and many others like it yet to come".
Amazon.com Inc, Alphabet Inc's Google, Facebook Inc, Microsoft Corp and Twitter Inc have voiced support for Apple.
The senior Apple executive said the company has never made a new piece of software in response to a government request.
- See more at: http://www.australiaplus.com/international/2016-03-01/apple-not-obliged-to-unlock-iphone-in-new-york-drug-case-us-judge-rules/1553646#sthash.mIXJVrT5.dpuf
Ikuti Whatsapp Channel Republika