Roger Fingas
A U.S. federal judge is asking Apple to comment on whether a sought-after government order to unlock a customer's iPhone would be "unduly burdensome."
Magistrate Judge James Orenstein, of the U.S. District Court for the Eastern District of New York, made the ruling on Friday, according to the Washington Post. The court won't make a decision on the unlock request until Apple has offered input, which must come by Oct. 15.
Both Apple and the government will be able to present oral arguments on Oct. 22, if they so choose.
Orenstein is reportedly a supporter of limits on government surveillance, and in an analysis rejected a government argument relying on a 1977 Supreme Court case with the New York Telephone Company. He claimed that while the NYTC was a public utility, Apple is a purely private firm "free to choose to promote its customers' interest in privacy over the competing interest of law enforcement." That same case was used by Magistrate Judge Gabriel Gorenstein of the Southern District of New York to back another iPhone unlock request.
One problem for the pro-privacy stances of Apple and Orenstein, though, may be the phone in the current case. Anonymous law enforcement officials told the Post that the device runs an older version of iOS that Apple can unlock, unlike iOS 8 or 9. Apple claims that the full-disk encryption on those operating systems is so tough it can't provide a key even on demand.
Orenstein's ruling came a day after the public learned the Obama administration won't pursue regulations mandating backdoors in encrypted communications. Instead, however, the administration is continuing to pressure corporations on the matter, and talks have allegedly become "increasingly productive."
Christine McKee
William Gallagher
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AppleInsider Staff
15 Comments
"...the device runs an older version of iOS that Apple can unlock." No problem - ask their buddies at the NSA. Should take only a minute for them.
"...the device runs an older version of iOS that Apple can unlock."
No problem - ask their buddies at the NSA. Should take only a minute for them.
Nah... they would only waste their time doing so if it involved a conservative being investigated by the IRS, a reporter covering a story that makes a democrat look bad, or generally anyone against the Obama administration.
Oh, can't forget a politician on an investigative panel looking into all that Secret Service scandal stuff. They'd be pretty interested in seeing what's on the phone then too...
The are millions of ethical and business reasons...
The first of which is there is no back door, which means this judge and the accused would most likely be dead by the time the encryption is cracked.
Just because there is no backdoor NOW doesn't mean the courts and/or the government can't not only compel them to install one, but also issue a gag order that would make it illegal to even discuss it or reveal it to the public.
[quote name="LordJohnWhorfin" url="/t/189105/judge-looks-to-jumpstart-public-encryption-debate-with-apple-iphone-unlocking-case#post_2789554"]Just because there is no backdoor NOW doesn't mean the courts and/or the government can't not only compel them to install one, but also issue a gag order that would make it illegal to even discuss it or reveal it to the public.[/quote] The use of gag orders is in some ways more troubling than demanding access to encrypted devices. Gag orders directly attack the concepts laid out in the bill of rights. This is one reason I oppose all activities of this administration that undermine our freedoms, be it gun control, attacks on individuals and organization via the IRS, suppression of free speech or any other nasties that have come from this administration.