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Apple Wins, not Forced to Unlock Phones

<p>Apple has been enmeshed in a dispute with the FBI since mid-February when Judge Sheri Pym demanded that Apple unlock the phone of Syed Farook &ndash&semi; one of the San Bernardino shooters &ndash&semi; to assist the FBI in its investigation&period;&nbsp&semi;This week&comma; a New York judge declared that the FBI cannot force Apple to unlock its phones&period; But the ruling is related to a different case&period;<&sol;p>&NewLine;<p>Meth dealer Jun Feng&&num;8217&semi;s iPhone was seized last year during his arrest&period;&nbsp&semi;The criminal claimed to have &&num;8220&semi;forgotten&&num;8221&semi; his password&period; Citing the <em>All Writs Act<&sol;em>&comma; the government tried to persuade Apple to&nbsp&semi;help them gain access to his phone&period;&nbsp&semi;<&sol;p>&NewLine;<p>Federal Magistrate Judge James Orenstein questioned the order&rsquo&semi;s legality and asked Apple if it had any objections&period; The company complained that it was&nbsp&semi;being forced to hack into its own phones&period;&nbsp&semi;&ldquo&semi;We&rsquo&semi;re being forced to become an agent of law enforcement&comma;&rdquo&semi; added one Apple lawyer&period;&nbsp&semi;<&sol;p>&NewLine;<p>Even after Feng pled guilty&comma; the feds continued to press Apple into giving them access to the phone&period;&nbsp&semi;The device was running on iOS 7&comma; an older system that does not encrypt its data automatically&period; &nbsp&semi;<&sol;p>&NewLine;<p>This Monday&comma; Orenstein ruled in favor of Apple&colon;&nbsp&semi;<&sol;p>&NewLine;<p>&&num;8220&semi;I conclude that under the circumstances of this case&comma; the government has failed to establish either that the AWA permits the relief it seeks or that&comma; even if such an order is authorized&comma; the discretionary factors I must consider weigh in favor of granting the motion&hellip&semi;after reviewing the facts in the record and the parties&&num;8217&semi; arguments&comma; I conclude that none of those factors justifies imposing on Apple the obligation to assist the government&&num;8217&semi;s investigation against its will&period; I therefore deny the motion&period;&&num;8221&semi;<&sol;p>&NewLine;<p>The New York case is similar to the San Bernadino case&period; Apple executives hope that Monday&rsquo&semi;s ruling will have a &ldquo&semi;persuasive effect&rdquo&semi; moving forward&period; In the more recent case&comma; the FBI has asked Apple to&nbsp&semi;create a new iOS system that would allow a limitless amount of password attempts&period; In response&comma; CEO Tim Cook released a public statement which read&colon;&nbsp&semi;adhering to the FBI&rsquo&semi;s demand would &ldquo&semi;undeniably create a backdoor&rdquo&semi; for all Apple phones&period; &ldquo&semi;And while the government may argue that its use would be limited to this case&comma; there is no way to guarantee such control&period;&rdquo&semi;&nbsp&semi;<&sol;p>&NewLine;<p>The statement confirmed that Apple would not be complying with FBI orders&period; &ldquo&semi;Ultimately&comma; we fear that this demand would undermine the very freedoms and liberty our government is meant to protect&period;&rdquo&semi;&nbsp&semi;Google&comma; Twitter&comma; Microsoft&comma; Yahoo&comma; AOL&comma; Facebook&comma; and LinkedIn jumped up to support Apple&rsquo&semi;s decision&period;&nbsp&semi;<&sol;p>&NewLine;<p>Apple noted that providing access to the FBI would leave the door wide open for hackers&period;&nbsp&semi;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;

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