Crossroads Blog | CYBER SECURITY LAW AND POLICY

AppleVsFBI, encryption

Actual Order Compelling Apple, Inc. to Assist Agent’s in Search of iPhone

[Editors note:  This blog will attempt to provide readers with access to all of the primary source documents in the current litigation between the U.S. Department of Justice and Apple Inc., technically known as In The Matter of the Search of an Apple Iphone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, at No. ED 15-0451M of the United States District Court for the Central District of California.  Apple is not actually a party in the case, but this Order Compelling Apple, Inc. to Assist in Search invited: “To the extent that Apple believes that compliance with this Order would be unreasonably Burdensome, it may make an application to this Court for relief within five business days of receipt of the Order.”  Those five days have since been extended.  The current briefing schedule is:

  • Apple’s response to the Justice Department’s motion and the earlier court order is due by Feb. 26;
  • U.S. attorneys’ response will be due by March 10;
  • Apple’s reply brief will be due by March 15;
  • A hearing has been scheduled at 4 p.m. ET on March 22 in federal court in Riverside, Calif.]

Here is the actual Court Order issued pursuant to the All Writs Act compelling Apple, Inc. to assist agents in search of Syed Farook’s iPhone.

Court Order pursuant to All Writs Act

This is the text of the All Writs Act, 28 U.S.C. §1651:

Writs

(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
(b) An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.
(June 25, 1948, ch. 646, 62 Stat. 944; May 24, 1949, ch. 139, § 90, 63 Stat. 102.)

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