The United States Department of Justice is looking forward to appeal its defeat in a New York iPhone unlocking case. The government owned department seek to unlock an iPhone used in a methamphetamine smuggling operation through powers granted by the All Writs Act but was vigorously rejected by Magistrate Judge Orenstein in a 50-page decision handed down on February 29th. Now, the government is hoping to overturn that decision in appeals court.
“This case in no way upends the balance between privacy and security,”
“permits reasonable searches including ones where the government has a warrant.”
Writes the government in its latest briefing while it argued against the order.
It is however the appeal court that would declare again whether to hear the argument and overturn the Orestein ruling.
Apple is still never going to back down against the order “Judge Orenstein ruled the FBI’s request would ‘thoroughly undermine fundamental principles of the Constitution’ and we agree,”
said Apple in a statement following the filing. “We share the Judge’s concern that misuse of the All Writs Act would start us down a slippery slope that threatens everyone’s safety and privacy.”