see url: https://cryptome.org/2016/03/usg-apple-edny-030.pdf
Notwhstanding John's observations about various vested interests,
wannabes and lookalikes coming to take a bit of the Apple, chewing the
same things in different ways; using or abusing the concept of Amicus
curiae for their own purposes, as well as that of society in general; I
feel that there is some value in at least taking note of them, if not
reading some of them. In that way one builds up a picture of the
extent, size and depth of the problem and what interests are at stake
for the various actors, businesses, corporations, industries involved.
It also helps with extending ones understanding of that area of law, and
law in all societies is a very important part of managing a nation
state, just as much as politics, political theory, philosophy and
economics; whether a nation state is a so-called democracy or a fascist
one, whether with a written constitution or an unwritten one, or where
there is a separation of powers of the state within the system, or not.
All states have a couple of things in common, law and law enforcement,
dictatorship and costs of enforcement or not, and what or which
principles of law are more important or have a higher priority. Even
Hitler's gang had its limits.
There is also the question of prediction, the more intensely one studies
a subject, hopefully, the more one understands, and, eventually, with
increasing certainty, develops the ability to predict the outcome or
some of the outcomes at least. (though like absolute encryption...there
isn't absolute accuracy...:-). As Karl Marx once said, it is about
predicting trends, and look where that got the Marxists...:-). Thank
goodness Marx never became a Marxist...:-).
In this particular case, a conviction of a drug peddler has taken place,
but a warrant under the All Writs Act is still being applied for against
Apple, because there is allegedly more information on the phone which
cold lead to other criminal suspects.
In this case, from what I understand now, of the plea by the
government, it is based on the wrong application of the law regarding
the All Writs Act. The Act does not replace the law, it helps in
situations which are not covered by law. According to the latest law
suit between USG v Apple, Apples lawyers submit quite a cogent argument
that Apple is covered by the provisions of CALEA, which does lay down
procedures for dealing with information providers...and therefore
EXCLUDES the All Writs Act search warrant extensions. Another point
made by Apple is that Congress discussed those procedures and has looked
at those procedures again, but neither they, nor the POTUS are prepared
to introduce new legislation on the matter within the reign (if you will
excuse the reference to the English monarchy) of the present regime.
However, the proof of the pudding is in the eating, as they say, and all
will be revealed in the judge's decision...or not...:-).
If one has the time and inclination, there are a whole number of other
points of interest to those who are engaged in the security industry,
civil liberties and law enforcement in society regarding how far
encryption of the internet of things is to be as absolute as possible,
or to be broken through legal powers.
One other important observation which I would like to make (though there
are many others...:-)., is that if the search warrant issued under the
All Writs Act is voided or vacated, then many other cases of serious
crime using the All Writs Act provisions, where convictions have taken
place, may have to be revised and the persons convicted have those
convictions quashed. What I don't know, is if these people can be
re-tried, or will get off "Scot free" (terrible saying for us Scots to
take the blame for...:-). Such a process exists in the UK, but under
the law of "double jeopardy" in the US I think, people can't be tried
for the same crime twice.
in the EDNY case submission a number of those criminal cases are quoted...
Enjoy,
Dougie.