Orenstein rejected the request and argued that the government can not misuse the All Writs Act to force private companies to help access data stored in a locked device.

“As set forth below, I conclude that in the circumstances of this case, the government’s application does not fully satisfy the statute’s threshold requirements: although the government easily satisfies the statute’s first two elements, the extraordinary relief it seeks cannot be considered “agreeable to the usages and principles of law.” In arguing to the contrary, the government posits a reading of the latter phrase so expansive – and in particular, in such tension with the doctrine of separation of powers – as to cast doubt on the AWA’s constitutionality if adopted.” wrote Orenstein.

“Moreover, I further conclude that even if the statute does apply, all three discretionary factors weigh against issuance of the requested writ, and that the Application should therefore be denied as a matter of discretion even if it is available as a matter of law”

The All Writs Act isn’t the unique law invoked in this case, another important law, the Communications Assistance for Law Enforcement Act (CALEA) forbids any interference by government.

Waiting for a final rule for the San Bernardino, Apple is going on in its personal fight in defense of the users’ privacy. It has been reported that the company is already working on a new iPhone that is impossible to hack, even by Apple experts.

Pierluigi Paganini

(Security Affairs – San Bernardino tragedy, iPhone encryption)