If the FBI wins on this point then Apple stands to make a lot of money
at taxpayer expense. In order for the writ not to be burdensome, the
FBI has offered to pay, in its original application which it won, for
any and all of the work required to be carried out by Apple engineers to
rewrite the software, so that the FBI can recover the data safely.
Apple is saying in their latest submission to the court, that this could
take some considerable time and be of some considerable expense, top
Apple engineers doing a rewrite, checking it out to make sure that it
works, writing certified reports for the court, appearing in court and
many, many other expenses. And...Apple says that there is no US law
which obliges a company to do such a thing. Who knows...
So...yes, it would be a good idea for the FBI to reveal that it already has the ability to break into Farooks Iphone, else it is going to get a lot of egg on its face, if it is mounting this case just for the crack. That's the trouble with using something like the All Writs Act of 1789. It might have been a far reaching tool of revolution, but in todays world, it can have a lot of expensive ramifications. Always look for the money...:-) .
On 26/02/2016 19:15, John Young wrote:
At 11:13 AM 2/26/2016, Henry Baker wrote:
If this interpretation of the All Writs Act is upheld, then the DOJ will have to consult with the intelligence community prior to compelling companies like Apple to decrypt phones. It would be quite interesting for DOJ to publicly stipulate that NSA could (or could not) break into iOS 8 or 9. This is truly a sticky wicket, since the intelligence community is generally prohibited from working on domestic issues.
We asked for an opinion of Michael Froomkin, Law Professor at University of Miami, on Henry Baker's