APPLE VERSUS THE DEPARTMENT OF JUSTICE: ROUND TWO

Apple is refusing to comply with an order from United States Magistrate Judge Sheri Pym. What does this mean for Apple? What options do they have? Criminal Defense Attorney Michael D. Pariente discusses Apple’s options in this week’s Vlog. This is not the first time we have addressed Apple’s legal problems with the Justice Department.

Prior to today’s ruling, the justice department backed down on requiring the company to create a “backdoor” in its products for law enforcement to view the contents.

On February 16, 2016 a Federal Magistrate Judge handed down an order requesting that Apple assist the FBI in accessing the iPhone used by the San Bernadino terror suspect Syed Rizwan Farook. The iPhone itself is owned by the County Farook was an employee of and they have given the Courts permission to search the phone. The problem arises with the fact that the iPhone is locked. Apple’s software is designed to wipe the data clean from a device once an incorrect password has been entered a certain number of times.

In the video, Mr. Pariente states, “We’re in a different ballgame now. What happened was on February 16, 2016 the United States magistrate judge ordered Apple to comply with an order to work with the FBI to develop encryption technology to break into the cell phone belonged to by the terrorists involved in the San Bernardino shootings.”

The FBI and the United States Magistrate want Apple to create a new version of iOS with security flaws or a “backdoor” so to speak. Apple has a strong position in the fact that once this is created it’s almost like opening pandora’s box for hackers. The problem is the understanding the U.S. Magistrate has with the technology itself. The FBI and the DOJ may not fully understand the implications of opening pandora’s box.

“It’s an interesting order too because I’m not aware of any decision that has forced someone to create a technology to work with the FBI to access a private phone.” Mr. Pariente states and goes on to say, “The justification is the judge said it would be “just this one time,” I have a hard time believing that. I don’t think Apple believes that either. Apple is now going to take this case to United States District Court Judge if the case is not resolved, then it’s going to go up to the 9th Circuit Court of Appeals. If it’s not worked out at the 9th Circuit Court of Appeals, then it’s going in front of United States Supreme Court. I think the US Supreme Court will have a tremendous interest in hearing this case.”

Apple has released a statement below regarding this recent ruling.

A MESSAGE TO OUR CUSTOMERS

The United States government has demanded that Apple take an unprecedented step which threatens the security of our customers. We oppose this order, which has implications far beyond the legal case at hand.

This moment calls for public discussion, and we want our customers and people around the country to understand what is at stake.

To read the full statement by Apple’s CEO Tim Cook follow this link here:

http://www.apple.com/customer-letter/

This case is an interesting court battle between Apple and the Department of Justice and I don’t believe that we have heard the last of it.


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