Fed Judge Rules for Apple in Drug Case Involving Encryption

A federal magistrate judge on Monday ruled that Apple did not have to unlock an encrypted iPhone used in a federal drug case.

The ruling gave the company a key victory against the Department of Justice in the midst of a legal struggle over an FBI request that the encrypted phone of one of the suspected shooters in the San Bernardino, California, massacre also be unlocked.

Federal Magistrate Judge James Orenstein ruled that the government failed to prove that it had the power under an 18th century law called the "All Writs Act" to force Apple to unlock the phone of the drug dealer.

Following a U.S. Drug Enforcement Agency search and seizure of mobile devices belonging to an alleged dealer -- a New York man named Jun Feng -- in June 2014, the government spent more than a year not doing anything to pursue what evidence there was on his phone, until getting a warrant in July 2015, the court noted.

The DEA was not able to get the information and sought help from the FBI, which was unable to get evidence off the password-protected device. They sought Apple's help two weeks after the expiration of the device warrant, and Apple said it would help if the government obtained a court order, consistent with its practice in 70 other instances.

Feng pleaded guilty in October. However, the government continued the request while it was pursuing additional evidence prior to sentencing and potentially to uncover evidence in related cases of coconspirators, according to court documents.

Apple last month filed documents seeking a review of the repeated requests by the government to unlock encrypted phones under the All Writs Act.

A federal magistrate judge on Monday ruled that Apple did not have to unlock an encrypted iPhone used in a federal drug case.

The ruling gave the company a key victory against the Department of Justice in the midst of a legal struggle over an FBI request that the encrypted phone of one of the suspected shooters in the San Bernardino, California, massacre also be unlocked.

Federal Magistrate Judge James Orenstein ruled that the government failed to prove that it had the power under an 18th century law called the "All Writs Act" to force Apple to unlock the phone of the drug dealer.

Following a U.S. Drug Enforcement Agency search and seizure of mobile devices belonging to an alleged dealer -- a New York man named Jun Feng -- in June 2014, the government spent more than a year not doing anything to pursue what evidence there was on his phone, until getting a warrant in July 2015, the court noted.

The DEA was not able to get the information and sought help from the FBI, which was unable to get evidence off the password-protected device. They sought Apple's help two weeks after the expiration of the device warrant, and Apple said it would help if the government obtained a court order, consistent with its practice in 70 other instances.

Feng pleaded guilty in October. However, the government continued the request while it was pursuing additional evidence prior to sentencing and potentially to uncover evidence in related cases of coconspirators, according to court documents.

Apple last month filed documents seeking a review of the repeated requests by the government to unlock encrypted phones under the All Writs Act.


Source by: http://www.technewsworld.com