NY judge: US cannot make Apple provide iPhone data

[thunderdog512]

A New York judge says the U.S. Justice Department cannot force Apple to provide the FBI with access to locked iPhone data in a routine Brooklyn drug case.

U.S. Magistrate Judge James Orenstein ruled Monday. The decision follows a California magistrate judge's order requiring Apple to create software to help the U.S. hack the iPhone of a shooter in the Dec. 2 killing of 14 people in San Bernardino, California.

In October, Orenstein invited Apple to challenge the government's use of a 1789 law to compel Apple to help it recover iPhone data in criminal cases. Since then, lawyers say Apple has opposed the requests to help extract information from over a dozen iPhones in California, Illinois, Massachusetts and New York.

 

http://www.cnbc.com/2016/02/29/ny-judge-us-cannot-make-apple-provide-iphone-data.html

 

A US magistrate judge in New York has ruled that the government can't force Apple to help law enforcement unlock an iPhone using the All Writs Act. This case in question is about drug trafficking and is not related to the San Bernardino shooter case.

While the cases are different, it's a win for Apple in its battle with the FBI and Department of Justice. An Apple senior executive told Engadget that while it's a important precedent, it's not a binding precedent that magistrate Judge Pym in the San Bernardino case is legally bound to to follow.

In his order magistrate Judge James Orenstein states: "More specifically, the established rules for interpreting a statute's text constrain me to reject the government's interpretation that the AWA empowers a court to grant any relief not outright prohibited by law."

Apple has earlier prodded Judge Orenstein to rule on the feds wanting Apple to help it unlock the phone of Jun Feng who was suspected of conspiracy to traffic methamphetamine. During a search, DEA agents seized an iPhone 5s belonging to Feng.

The government then initiated the execution of a search warrant for the contents of the phone which has a passcode. Apple then submitted an opposition to the order and after additional filings and oral arguments, we're here. Another case with a locked iPhone that the government want's Apple to help unlock and the company rejecting that order. Only in this case, a judge has ruled in its favor.

In the brief the judge concludes that this is a constitutional and congress issue. If the government wants to use All Writs or CALEA to force companies to circumvent encryption, there needs to a clear law granting it that power.

Apple and Department of Justice will argue their cases in front of Judge Pym on March 22.

 

http://www.engadget.com/2016/02/29/ny-judge-rules-feds-cant-force-apple-to-unlock-an-iphone/

 

I'm super happy that this judge is on the side of privacy. This will defiantly help Apple in their fight on the San Bernardino case. I wasn't a huge Apple fan before but as this is all going down they are growing on me and they are making me contemplate leaving android. Privacy advocates rejoice!

[FmPhenom]

What do you have to hide? People have this false privilege of privacy.

 

 

[jcw150]

Completely agree with @FmPhenom, I don't care what the government knows about me cause its nothings important and I know they don't care either.

[The Salt Is REAL]

12 minutes ago, thunderdog512 said:

-snip-

Good, screw the FBI and their need for files or whatever crap

 

 

 

 

 

 

 

 

 

 

But I live in Canada sooooo...

Edited February 29, 2016 by Blade of Grass
Removed quote of OP

[SurvivorNVL]

7 minutes ago, FmPhenom said:

What do you have to hide? People have this false privilege of privacy.

 

 

In the U.S., by the Constitution of the United States, it is not a privilege, but a right.  Inalienable right.  It's not about having anything to hide, but being assured your right to having your own private life.  If not - we'd be intruded upon, and that is not the foundation of the United States, nor most -free- modern country.  We can thank France for the lessons they taught us and many other countries.

 

And on another note - good job to this judge, and this ruling.  Looks like I am getting an iPhone 7.

[The Salt Is REAL]

5 minutes ago, FmPhenom said:

What do you have to hide? People have this false privilege of privacy.

 

 

What do you mean by "false privilege"? People have the right to keep data private on their devices unless it's required by law

[TheSlipperySlope]

3 minutes ago, jcw150 said:

Completely agree with @FmPhenom, I don't care what the government knows about me cause its nothings important and I know they don't care either.

Por- I mean uh. I dunno, people are really just scared and rebellious against the government. But really I wanna join the government

[thunderdog512]

1 minute ago, FmPhenom said:

What do you have to hide? People have this false privilege of privacy.

 

 

Anything i do on my phone/PC. The government and anyone for that matter has no right to look at my personal info without my consent. If a FBI agent followed you everywhere you went and watched everything you did would you care? Most people wouldn't like that but that's what they do when they illegally go through our digital life.

[FmPhenom]

If you dumbshits truly believe that the USA can  not and will not harvest your info anytime they damn well please you will be in for a rude awakening one day.

 

 

[SurvivorNVL]

2 minutes ago, jcw150 said:

Completely agree with @FmPhenom, I don't care what the government knows about me cause its nothings important and I know they don't care either.

In the U.S. the Federal Government isn't supposed to have a place in your lives beyond collecting a small number of taxes for justice rulings and defense.  They're not supposed to invade the privacy of their citizens in anyway, unless they have a legal warrant and reasoning, which they bypass often due to their disregard of the Constitution they're supposed to stand for and the inherent corruption of our political system.  Privacy and freedom are on the same coin.  

[thunderdog512]

1 minute ago, FmPhenom said:

If you dumbshits truly believe that the USA can  not and will not harvest your info anytime they damn well please you will be in for a rude awakening one day.

 

 

I'm well aware of what they do but that's why we must fight for our rights. We need to get back to actually following the Constitution and stop over reaching into the lives of our citizens.

[FmPhenom]

Whenever a citizen commits a criminal act of say MASS MURDER those supposed rights (that are granted to you on a piece of paper btw) FLY OUT THE FUCKING WINDOW

 

 

The FBI asking apple to crack the phone was just a formality.

[SurvivorNVL]

6 minutes ago, FmPhenom said:

If you dumbshits truly believe that the USA can  not and will not harvest your info anytime they damn well please you will be in for a rude awakening one day.

 

 

All the more reason to make it harder and harder on them.  "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."  

As for your recent point of mass murder.  Yes.  If you commit a crime, you're open to investigation by form of legal warrant, and those rights are taken away if you are found guilty of the crime in question.  You violated the law.  A law-abiding citizen -is- guaranteed to keep, and is supposed to keep those rights, because they're following the law.

It's okay if you can't understand that simple-point of civilized society.  Many don't.

[thunderdog512]

Just now, FmPhenom said:

Whenever a citizen commits a criminal act of say MASS MURDER those supposed rights (that are granted to you on a piece of paper btw) FLY OUT THE FUCKING WINDOW

 

HA you're funny. Whether you're a piece of crap that kills people or other horrible things you still have the same rights as law abiding citizens. That's what makes America great.

[FmPhenom]

7 minutes ago, SurvivorNVL said:

All the more reason to make it harder and harder on them.  "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."  

As for your recent point of mass murder.  Yes.  If you commit a crime, you're open to investigation by form of legal warrant, and those rights are taken away if you are found guilty of the crime in question.  You violated the law.  A law-abiding citizen -is- guaranteed to keep, and is supposed to keep those rights, because they're following the law.

It's okay if you can't understand that simple-point of civilized society.  Many don't.

What is funny is that you don't seem to understand that we live in a militarized society now and that many law abiding citizens get shafted.

5 minutes ago, thunderdog512 said:

HA you're funny. Whether you're a piece of crap that kills people or other horrible things you still have the same rights as law abiding citizens. That's what makes America great.

Thats what makes Americans naïve.

 

 

[SurvivorNVL]

1 hour ago, thunderdog512 said:

HA you're funny. Whether you're a piece of crap that kills people or other horrible things you still have the same rights as law abiding citizens. That's what makes America great.

Innocent until proven guilty.

 

1 hour ago, FmPhenom said:

What is funny is that you don't seem to understand that we live in a militarized society know and that many law abiding citizens get shafted.

Thats what makes Americans naïve.

 

 

We live in a society far, far from a militarized one.  And yes, many law-abiding citizens get shafted, and that's because we've let our government no longer behave as it should have.  It's unhindered, unhinged, and it's to an extent it was never intended to be.  So, you have to work to get it back on track, and if you don't, then you are apart of the problems that plague American society.  

Which it is indicative of that you are.  Which is also why arguing and debating this will get nowhere.  So, I will end it here.

[FmPhenom]

1 minute ago, SurvivorNVL said:

We live in a society far, far from a militarized one.  And yes, many law-abiding citizens get shafted, and that's because we've let our government no longer behave as it should have.  It's unhindered, unhinged, and it's to an extent it was never intended to be.  So, you have to work to get it back on track, and if you don't, then you are apart of the problems that plague American society.  

Which it is indicative of that you are.  Which is also why arguing and debating this will get nowhere.  So, I will end it here.

Man you gave up so easily. You wouldn't last a minute in front of a grand jury.

[Trik'Stari]

44 minutes ago, FmPhenom said:

What do you have to hide? People have this false privilege of privacy.

 

 

I have a right to privacy. A right, not a privilege. Get your head out of your ass, and maybe go read some history about why we have these rights and should fight to protect them.

 

Otherwise, please refrain from voting, or discussing politics, because you aren't qualified.

[SurvivorNVL]

7 minutes ago, Trik'Stari said:

I have a right to privacy. A right, not a privilege.

There's no getting through to that level of trolling man, especially when they actually -believe- the nonsense they spew.

[Trik'Stari]

Just now, SurvivorNVL said:

There's no getting through to that level of trolling man, especially when they actually -believe- the nonsense they spew.

It's a good think I'm not a mod then, because someone with that level of idiocy would get a well deserved perma-ban.

 

Am I the only one who has been noticing a bunch of accounts commenting on these issues, with almost no post count, who seem adamant in their support for the FBI?

 

It could be my usual paranoia, but I definitely thought it seemed a bit more noticeable than usual. Seemed like astro-turfing to me.

[BuckGup]

46 minutes ago, jcw150 said:

Completely agree with @FmPhenom, I don't care what the government knows about me cause its nothings important and I know they don't care either.

Except russia and china care, and that means money to be made by the NSA

[SurvivorNVL]

1 minute ago, Trik'Stari said:

It's a good think I'm not a mod then, because someone with that level of idiocy would get a well deserved perma-ban.

Oh, no doubt.  I can say one thing I am liberal on; mute and ban functions.  Boy when I have them.. nonsense and drama go away -right- quick.

[Trik'Stari]

Just now, SurvivorNVL said:

Oh, no doubt.  I can say one thing I am liberal on; mute and ban functions.  Boy when I have them.. nonsense and drama go away -right- quick.

Indeed.

 

Seriously though, am I the only person who has noticed those accounts and suspected astro-turfing? The FBI does have a well documented history of social manipulation. They tried a bunch of messed up crap to try and get MLK to kill himself. (that is not a conspiracy theory, it's declassified, look it up)

[FmPhenom]

I bet you also believe that your vote counts also.

[Trik'Stari]

Just now, FmPhenom said:

I bet you also believe that your vote counts also.

I know for a fact that it doesn't.

 

The point still stands, you're ignorant and need to go look at some history books to see why privacy is important. Especially that it be a right and not a privilege.