Skip to main content

Apple Responds to DOJ

 Yesterday Apple Inc. (Apple) filed its response to the Department of Justice (DOJ)'s demand that it decrypt an accused terrorist's iPhone.  For those not following the details of this case, here is a brief summary of the legal dispute:

The government's case for compelling Apple to decrypt the phone is the All Writs Act, a law that allows judges to issue writs necessary to enforce the law.  This Act was interpreted by the1977 Supreme Court case US v. New York Telephone, in which the Court ruled that the All Writs Act allowed a judge to order the phone company to comply with a special kind of wiretap even though Congress had not passed a law authorizing that particular wiretap.  The DOJ is invoking this argument given that the Federal government has so far declined to pursue legislation requiring companies to provide the government with backdoor access to consumer electronics.

The public now has a preview of the other side of the caset: Apple's motion lays out an argument that this case does not involve facts equivalent to those of New York Telephone and that creating new software would be unduly burdensome; more significantly, makes a case that statutory protections written telecommunications providers are the appropriate laws to apply in this case, and not the All Writs Act.

Given the rapid advancement of technology and its incorporation into everyday life, the precedent this case will set when the question of which law is appropriate is finally settled will likely have significant implications for the development of technology and popular culture in America.

Comments

Popular posts from this blog

The Amazing, but True, Deportation Story of Carlos Marcello

Earlier this week, the University of Houston Law Center was fortunate to have as its guest Professor Daniel Kanstroom of Boston College of Law. An expert in immigration law, he is the Director of the International Human Rights Program, and he both founded and directs the Boston College Immigration and Asylum Clinic. Speaking as the guest of the Houston Journal of International Law’s annual Fall Lecture Series, Professor Kanstroom discussed issues raised in his new book, Aftermath: Deportation Law and the New American Diaspora . Professor Michael Olivas introduced Professor Kanstroom to the audience, and mentioned the fascinating tale of Carlos Marcello, which Professor Kanstroom wrote about in his chapter “The Long, Complex, and Futile Deportation Saga of Carlos Marcello,” in Immigration Stories , a collection of narratives about leading immigration law cases. My interest piqued, I read and was amazed by Kanstroom’s description of one of the most interesting figures in American le

C-SPAN Video Archive Now Online

Legislative researchers and politics fans take note. C-SPAN recently completed a digitization project placing the entirety of its video collection online. The archives record all three C-SPAN networks seven days a week, twenty-four hours a day. The videos are available at no cost for historical, educational, research, and archival uses. The database includes over 160,000 hours of video recorded since 1987 and the programs are indexed by subject, speaker names, titles, affiliations, sponsors, committees, categories, formats, policy groups, keywords, and locations. The most recent, most watched, and most shared videos are highlighted on the main page. To start watching, visit the C-SPAN Video Library and use the search function at the top of the page.

Texas Subsequent History Table Ceases Publication

This week, Thomson Reuters notified subscribers that publication of the Texas Subsequent History Table will be discontinued and no further updates will be produced, due to “insufficient market interest.” Practitioners have been extracting writ (and since 1997, petition) history from the tables since their initial publication in 1917 as The Complete Texas Writs of Error Table . The tables, later published by West, have been used for nearly a century to determine how the Texas Supreme Court or Court of Criminal Appeals disposed of an appeal from an intermediate appellate court. The purpose of adding this notation to citations is to indicate the effect of the Texas Supreme Court’s action on the weight of authority of the Court of Appeals’ opinion.  For example, practitioners may prefer to use as authority a case that the Texas Supreme Court has determined is correct both in result and legal principles applied (petition refused), rather than one that simply presents no error that requires