New York Judge Supports Apple Arguments in Encryption Debate
Phenny Lynn Palec | | Mar 01, 2016 08:13 AM EST |
(Photo : Getty Images) A New York judge has backed Apple's stand against hacking its own device for federal investigators.
Tech giant Apple has finally got its long awaited ruling as a New York judge supported the tech firm in its ongoing battle against breaching security protocols embedded on its own product in order to hack a drug dealer's iPhone forUS investigators. The New York judge ruled that government enforcers are not allowed to force Apple to hack its own device in order to aid the ongoing criminal investigation.
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The 50-page decision was released by U.S. District Judge James Orenstein, according to Reuers. The Judge said that the question of whether device manufacturers - such as Apple - should be required to help government agencies to bypass security protocols is too important to leave to the courts. Moreover, some legal experts are not convinced about government enforcers citing provisions on the All Writs Act in order to back their arguments.
In a copy of the ruling acquired by Forbes, Judge Orenstein wrote, "That debate must happen today, and it must take place among legislators who are equipped to consider the technological and cultural realities of a world their predecessors could not begin to conceive. It would betray our constitutional heritage and our people's claim to democratic governance for a judge to pretend that our Founders already had that debate, and ended it, in 1789."
Earlier this month, Apple saw its legal arguments crumble over the same issue when a magistrate judge from California ordered the Cupertino-based company to write a new code in order to grant law enforcers backdoor access to an iPhone used by one of the San Bernardino shooters.
The All Writs Act was passed by first US Congress in 1789. It is part of the Judiciary Act, which is a founding document considered as important as the Declaration of Independence and the Constitution.
The All Writs Act authorizes federal courts to issue all writs that are necessary for them to effectively impose their mandate as long as they are "agreeable to the usages and principles of law."
Tagsapple, encryption, iPhone, iphone security, iPhone hack, iPhone encryption, Apple Encryption
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