Federal Judge just ruled that Apple does not have to unlock a iPhone in a federal drug case. Here is part of the ruling
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In a 50-page ruling rejecting almost everything federal prosecutors had argued, Judge James Orenstein ruled that Apple could not be compelled to help get information off a locked iPhone used by methamphetamine dealer Jun Feng under the 1789 All Writs Act, the same law at issue in the California terrorism case.
Orenstein acknowledged that the debate over encryption and the needs of law enforcement required balancing competing interests. But Congress, not the courts, should make that decision, he said.
"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," the judge wrote. "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."
Prosecutors had argued that Apple was connected closely enough to Feng's iPhone to be compelled to help, citing a 1977 Supreme Court ruling that the All Writs Act forced New York Telephone to assist in recording numbers dialed from a suspect's phone. They sought to have Apple bypass the phone's passcode security and extract Feng's personal data from the phone.
But Orenstein rejected that logic. "To the extent that Feng used his iPhone in committing crimes, he used his own property, not Apple's," the judge wrote. "Unlike the telephone company in N.Y. Tel. Co., which owned the facility used for criminal communications, Apple has no ownership interest in anything that the record reveals Feng used to commit a crime."