Why Apple Is Right to Challenge an Order to Help the F.B.I.; New York Times, 2/18/16

Editorial Board, New York Times; Why Apple Is Right to Challenge an Order to Help the F.B.I. :

"Even if the government prevails in forcing Apple to help, that will hardly be the end of the story. Experts widely believe that technology companies will eventually build devices that cannot be unlocked by company engineers and programmers without the permission of users. Newer smartphones already have much stronger security features than the iPhone 5c Mr. Farook used.

Some officials have proposed that phone and computer makers be required to maintain access or a “back door” to encrypted data on electronic devices. In October, the Obama administration said it would not seek such legislation, but the next president could have a different position.

Congress would do great harm by requiring such back doors. Criminals and domestic and foreign intelligence agencies could exploit such features to conduct mass surveillance and steal national and trade secrets. There’s a very good chance that such a law, intended to ease the job of law enforcement, would make private citizens, businesses and the government itself far less secure."

Apple Fights Order to Unlock San Bernardino Gunman’s iPhone; New York Times, 2/17/16

Katie Benner and Eric Lichtblau, New York Times; Apple Fights Order to Unlock San Bernardino Gunman’s iPhone:

" Apple said on Wednesday that it would oppose and challenge a federal court order to help the F.B.I. unlock an iPhone used by one of the two attackers who killed 14 people in San Bernardino, Calif., in December.

On Tuesday, in a significant victory for the government, Magistrate Judge Sheri Pym of the Federal District Court for the District of Central California ordered Apple to bypass security functions on an iPhone 5c used by Syed Rizwan Farook, who was killed by the police along with his wife, Tashfeen Malik, after they attacked Mr. Farook’s co-workers at a holiday gathering.

Judge Pym ordered Apple to build special software that would essentially act as a skeleton key capable of unlocking the phone.

But hours later, in a statement by its chief executive, Timothy D. Cook, Apple announced its refusal to comply...

As Apple noted, the F.B.I., instead of asking Congress to pass legislation resolving the encryption fight, has proposed what appears to be a novel reading of the All Writs Act of 1789.

The law lets judges “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”"