Apple prevails in forced iPhone unlock case in New York court

FBI has been unable to unlock the iPhone of Syed Farook, AKA the San Bernardino Gunman, who on 02 December 2015, was one of the perpetrators of the killing 14 people & wounding of 21.

Apple has energetically argued that it should not be required to unlock the phone, & that in any case it is unable to do so, due to the security level of the the device, an iPhone 5c, running iOS 9.

In a case with some similarities, Apple had a victory in a New York court on Monday.

http://arstechnica.com/tech-policy/2016/02/apple-prevails-in-forced-iphone-unlock-case-in-new-york-court/

http://www.wired.com/2016/02/judge-says-apple-doesnt-have-to-unlock-iphone-in-case-similar-san-bernardino/
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¹ “San Bernardino: Gunman Syed Rizwan Farook came from 'religious but modern' family” http://www.abc.net.au/news/2015-12-04/who-were-the-san-bernardino-shooters/7000308

² “San Bernardino shooting in numbers”, http://www.bbc.com/news/world-us-canada-34998778 / Apple prevails forced iPhone unlock case New York court ruling All Writs Act AWA Congress hasn't granted judge New York ruled Monday 29 February 2016 favor Apple case investigators court compel unlock seized iPhone 5S running iOS 7 Apple company can unlock case drug dealer already pleaded guilty pre-dates Apple's over a locked iPhone 5C belonged shooters December 2015 terrorist attack San Bernardino case heard court next month nearby Riverside California San Bernardino case iPhone 5c running iOS 9 Apple cannot unlock California case federal investigators unprecedented court order compelling Apple create new firmware unlock device Apple formally challenged order outcome pending coasts coast Apple fighting government government's FBI FBI’s use the same law AWA All Writs Act obscure catchall statute dates back to the 18th Century related AWA cases unlocking Apple devices pending nationwide US Magistrate Judge James Orenstein ruled that government asking went too far ruling first of its kind topic no legal bearing outcome California case proceeding different federal judicial districts Apple Riverside judge persuaded decision company executive granted anonymity call reporters judge wrote Monday ruling AWA's usages and principles clause intended accomplish means executive branch achieve legislative goal Congress considered and rejected rejection can take many forms least likely most circumstances outright prohibition government's argument manifestly irreconcilable statute New York case Judge Orenstein Apple court government could not compel unlock seized phone Apple case defendant Jun Feng pleaded guilty one count of conspiracy distribute possess intent distribute methamphetamine speed Judge Orenstein government issue Apple's compliance not pointless given guilty plea government's filing prosecutors investigation needed data Feng's phone iOS 8 or later installed iPhones Apple enables full encryption default company not technically feasible respond government warrants extraction data devices in their possession running iOS 8 key portion ruling particularly concerned government’s expansive view law government’s assertion Apple licenses rather than sells software company retains control devices smartphones smart phones smartphone smart phone connected Internet of Things government's theory licensing agreement compel manufacturers surveil products' users result virtually limitless expansion government's legal authority surreptitiously intrude on personal privacy AWA as construed by the government confer on the judiciary overbroad authority override individual autonomy easily avoided case government's arguments principled limit court person company violate most deeply-rooted values provide assistance government court deems necessary Judge Orenstein asked government oral arguments interpretation All Writs Act federal authorities compel manufacturer lethal injection drugs corporate moral objections government answer oral arguments later filing depend on the circumstances Judge Orenstein government explain authority same arguments court force private citizens commit moral equivalent government's government establish lack of unreasonable burden concluded Orenstein’s opinion arguments Apple San Bernardino filing lawyers wrote government’s boundless interpretation All Writs Act limits orders government Apple forced write code bypass security features create new accessibility stop government demanding Apple write code government surveillance Supreme Court privacy law scholars case influence case pending court in California meticulous scholarly opinion Alex Abdo attorney American Civil Liberties Union court requests from the government Rep. Ted Lieu D-Calif. four congressmen computer science degree decision validates Congress specifically rejected FBI's proposal backdoors weaken encryption 1789 law not appropriate situation New York case 2nd Circuit Court of Appeals California case 9th Circuit Court of Appeals appellate courts disagree limits All Writs Act constituting circuit split ruling nation's highest court federal courts California New York authority AWA government force Apple unlock iPhones conflict resolved Congress clarifying the law Supreme Court settling Neil Richards law professor Washington University St. Louis /