In a separate ruling, a New York judge has ruled that the government can not force Apple to unlock the iPhone 5c sniper attack of San Bernardino: important for those who want our private data remains private news. It has done so after reading the letter of 50 pages that the Cupertino have presented and decide that the All Writs Act does not justify the request of the Government, which has been denied and Apple does not have why help in this case.
The Orenstein judge believes that the interpretation made by the US government at the All Writs Act is as broad as unconstitutional. With this victory we could say that Apple wins his match against FBI 1-0, but in no case that has already been done all. Chances are that the US government appealed the decision and it is possible to achieve flip the tortilla similar to what happened with Samsung way and that has made Apple lose 120 million.
Chances are that the next episode of this story takes place in the court of the District of California. In the worst scenario, Apple would lose in California, in which case there would be two different opinions from two different courts, but the most logical is that the judge’s decision Orenstein influence the judgment of the court of California.
It is noteworthy that New York has historically been the legal core of the FBI anti-encryption initiatives, so we could say that the first win Apple has succeeded in enemy territory. Still we have to wait months, or even years, to know the final decision, but it starts very well for those who defend their privacy.
Federal Magistrate Judge James Orenstein full 50-page order in ruling: