[cryptome] Another case involving Apple and the All Writs Act Warrant

  • From: douglas rankine <douglasrankine2001@xxxxxxxxxxx>
  • To: cryptome@xxxxxxxxxxxxx
  • Date: Sat, 20 Feb 2016 22:26:00 +0000

see url: https://cryptome.org/2016/02/usg-apple-edny-026-027.pdf
and url: https://www.eff.org/files/2015/10/23/e.d.n.y._1-15-mc-01902_16.pdf

The first case is slightly different in that access to an Apple iphone is being requested by the USG after the defendant has pleaded guilty and the case between USG and Apple is still moot, (open to debate). Also this is an earlier case and a lot of discussion has taken place between Apple and the USG since then, with certain matters agreed and continuing differences stated.

The second url is Apple's reply to the courts order and opinion on October 9th 2015. However, some of the legal arguments between Apple and the USG have changed since this case was argued...see earlier posting, url: https://cryptome.org/2016/02/usg-apple-001-009.pdf
under USG v Apple. See specifically where the All Writs Act applies and does not apply according to the USG and according to Apple.
These are important cases which will lead to changes in US Law and relations between individual human rights and the law and duties imposed on the state, the arguments are fluid and based in not only the law as it is at the moment, but the way it is trending and the political situation.

Personally, for what it is worth, the more I read about it, the less chance I see that Apple will come out on top. It is going to have to make compromises which will include giving government access to the content of Farook's phone, and by setting the precedent, the higher up the legal chain it goes, then the more consolidated will become the right of the USG to get access to phones under the All Writs Act, after all, that is what it was passed for. We won't find out of course until after the court deliberates on March 22nd, after hearing further legal argument from both sides.

And, as John Young says in his vimeo recording, the problem with the media and these human rights organisations today is that they tend to look after themselves, and their own security and wages rather than struggle for the rights of the people.
 see url: https://twitter.com/Cryptomeorg/status/700676834715836416
A statement with which I very much agree...:-) .

ATB
Dougie.



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