Apple Doesn't Have to Unlock iPhone Seized in Drug Case

A New York judge this calendar week rejected the government's asking to forcefulness Apple to unlock a phone involved in a drug case, a motion that could exist good news for Cupertino's more public battle with the FBI over the phone used by the San Bernardino shooter.

New York U.S. Magistrate Guess James Orenstein is not convinced that the All Writs Human action gives the authorities the say-so to forcefulness Apple to unlock a phone seized by the DEA.

In deciding whether to grant the request, the judge said he considered three principal things: the closeness of Apple's relationship to the underlying criminal carry and regime investigation; the brunt the requested order would impose on Apple; and the necessity of imposing such a brunt on Apple.

"After reviewing the facts in the record and the parties' arguments, I conclude that none of those factors justifies imposing on Apple the obligation to assist the regime's investigation confronting its volition. I therefore deny the motion," Judge Orenstein wrote.

At outcome is an iPhone 5s seized in 2022 from Jun Feng, who was accused of drug trafficking. Somewhen, Feng pleaded guilty, but the government said access to Feng'southward telephone was still necessary because he pleaded guilty to conspiracy, and then the device might lead the feds to accomplices.

Approximate Orenstein is not convinced. "Ultimately, the question to exist answered in this thing, and in others like it across the country, is not whether the government should be able to strength Apple to aid information technology unlock a specific device; it is instead whether the All Writs Human action resolves that result and many others similar it however to come," he wrote. " I conclude that it does not."

Going forward, this debate over privacy and security in the digital age "must accept place amongst legislators who are equipped to consider the technological and cultural realities of a earth their predecessors could not begin to conceive," the gauge concluded. "It would beguile our ramble heritage and our people'southward claim to democratic governance for a gauge to pretend that our Founders already had that debate, and ended it, in 1789," when the All Writs Act was enacted.

As reported by Reuters, a senior Apple exec says this bodes well for its fight with the FBI over access to the iPhone 5c belonging to one of the San Bernardino shooters.

In that case, Apple has rejected the FBI's request to unlock the shooter'due south iPhone. To do that, Apple would have to create a new operating organisation to crack the device's encryption, which Apple CEO Tim Melt says is a slippery slope. If it falls into the incorrect hands, it could practise serious damage to the security of iPhone's around the world, he said.

That example is ongoing; it remains to be seen if the New York decision has an influence on the San Bernardino example.

This article originally appeared on PCMag.com.

About Chloe Albanesius

Chloe Albanesius

Chloe has led PCMag'southward news coverage for more than than 10 years, editing and writing stories about the innovations that have shaped the last decade and the companies behind them. She also oversees the site's how-to coverage. Before joining PCMag.com, Chloe was a reporter covering tech policy on Capitol Hill for The National Periodical's Technology Daily and financial Information technology for Incisive Media in NYC. She'southward held internships at NBC's Meet the Press, washingtonpost.com, the Tate Gallery press office in London, Roll Call, and Congressional Quarterly. She graduated with a bachelor's degree in journalism from American University in Washington, D.C.