[Cryptography] USG v. Apple, Apple Motion to Vacate Decrypt Order

Troy Benjegerdes hozer at hozed.org
Fri Feb 26 14:57:05 PST 2016


On Fri, Feb 26, 2016 at 02:15:24PM -0500, John Young wrote:
> At 11:13 AM 2/26/2016, Henry Baker wrote:
> 
> >If this interpretation of the All Writs Act is upheld, then the
> >DOJ will have to consult with the intelligence community prior to
> >compelling companies like Apple to decrypt phones. It would be
> >quite interesting for DOJ to publicly stipulate that NSA could (or
> >could not) break into iOS 8 or 9. This is truly a sticky wicket,
> >since the intelligence community is generally prohibited from
> >working on domestic issues.
> 
> We asked for an opinion of Michael Froomkin, Law Professor at
> University of Miami, on Henry Baker's
> comments:
> 
> https://cryptome.org/2016/02/can-spies-break-apple-crypto.htm

NOW we get to something substantial.

Why is one branch of the government asking a private company to do
what many believe is easily done by (multiple?) other branches of 
the government. 

Does one sub-beaurocracy have the power to compel a private citizen
to do what another sub-beaurocracy has refused to do?

Or maybe, does the All Writs Act allow a judge to compel a secret
document or procedure they have seen abused many times to be
declassified? There's a fascinating game being played out here.



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