This had to happen somewhere and I’m glad it happened in Brooklyn. Coffee buddy Philip Elmer-DeWitt on the F.B.I.’s other case against Apple and the iPhone:
It was a case about a drug dealer in New York, not a terrorist in California. But when U.S. Magistrate Judge James Orenstein on Monday denied a routine request to unlock an iPhone in Brooklyn, he clearly had bigger issues in mind.
In a 50-page ruling that read like a Supreme Court brief, he rejected in no uncertain terms the Department of Justice’s aggressive use of the broad powers of the 1789 All Writs Act to force Apple to do its bidding in San Bernardino.
It’s only a magistrate judge, but it sets a precedent in a series of battles for a war which Apple still could lose.
Using the word “tyranny” once and “absurd” nine times, Judge Orenstein accused the DOJ of trying to use the authority of the All Writs Act to get through the courts what it couldn’t get from Congress.