All Writs Act

Latest in All Writs Act


A Coherent Middle Ground in the Apple-FBI All Writs Act Dispute?

The very public fight between Apple and the FBI over the last six weeks has not only reinvigorated the broader debate over the “going dark” concern (and the larger, age-old tension between privacy and security) but has also drawn attention to the specific legal question of just how much power current federal law (in the form of the All Writs Act) confers upon judges to compel private persons and companies to take affirmative steps to help the government execute a duly-issued search warrant.

Going Dark

Apple v. FBI Primer #2: On Judge Orenstein's Ruling in the Queens Meth Case

What follows below is the second in a series of primers for those who are interested in the continuing fallout from Apple’s decision to resist government requests for technical assistance in overcoming passcode protections on iPhones. The first one used a FAQ format to provide an outline of (and context for) the key points in Apple’s brief last week in the San Bernadino iPhone case.

Going Dark

A Primer on Apple's Brief in the San Bernadino iPhone Fight

Do you need to get up to speed on the latest developments in the Apple vs FBI iPhone dispute, but either lack the time to read the brief Apple filed yesterday or the context to decode it? I’m here to help, in FAQ format:

1. I need some context. How does this litigation relate to the larger “going dark” debate?

Going Dark

Apple is Selling You a Phone, Not Civil Liberties

Note to Apple: As a general matter of strategic communications, following the words “We have no sympathy for terrorists” with a “But” generally means you’ve gone badly off message—even if you wedge a few sentences in between.

Unless you’ve been living in a cave, you already know by now that a federal magistrate judge in California has issued an order to compel the technology giant to provide technical assistance to the FBI in unlocking the iPhone of one of the San Bernardino mass shooters.

Going Dark

Not a Slippery Slope, but a Jump off the Cliff

When I first read the court order in the San Bernardino case, I thought it was reasonable, as it is both technically plausible and doesn't substantially impact user security for most people. Even if Apple's code escapes it only compromises security for those who have a weak passcode on an older phone which is then captured by an adversary.

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