The American government has filed an appeal against a judgement that it can not force Apple to unlock an iPhone to help a drugs investigation in New York.
The American government has filed an appeal against a judgment of a New York judge who gave an order that it can’t compel Apple to crack its iPhone to help a drugs investigation in New York City. The measure has been taken as a part of a public relations and legal campaign by the US Department of Justice (DoJ) to demonstrate that the smartphone maker has intentionally helped law enforcers in a number of similar past cases, as therefore is technically equipped with the ability to help find evidence.
The American consumer electronics manufacturer claimed the DoJ recently started to argue that it is not legally required to act in such manner. It is also a part of the extensive chess game in a number of US courts between the American government and the company as each of them tries to set a precedent on whether “warrant-proof” technologies, such as new versions of iPhones, can be sold by companies.
In Southern California, the battle will come ahead when FBI and Apple will meet each other in a federal court to deliberate upon whether the company must be required to undermine safety settings on the San Bernardino shooter’s iPhone.
The government case there suffered from a possible setback when Magistrate Judge James Orenstein gave a ruling against the government on February 29 in another phone cracking case.
The government seeks to undo that. In its filing on March 7, the US government has pointed to many cases, including one in 2008 – the second year of iPhone in the market – in which the company assisted investigations on a type of a language to use it in its court order if it was interested in pulling data from a locked phone.
Technicians of Apple with investigators of the federal government at their side, acted according to the order, but the organization claims that the technologies, facts and its understanding of law have changed with the passage of time.
On a pragmatic level, the appeal by the government in the New York’s Eastern District might only decide whether the DoJ can still compel the company to unlock open older iPhones prior to modern safety updates. 2 years ago, Apple launched a new operating system making it impossible for it to extract data from a locked device without the passcode of the user.
The phone in NY’s case was not updated to the safer software. In the meantime, the company states it is no longer interested to play the role of an intermediary between the phones of customers and law enforcers.