NEW YORK (CBS/AP) — Apple wants a judge to delay government demands for data from a locked iPhone in a Brooklyn drug case while the FBI sees if it can get contents from a San Bernardino attacker’s phone without Apple’s help.
Zwillinger suggested that Apple’s March 31 deadline to submit papers in the Brooklyn case be delayed until both sides propose a new briefing schedule in the Brooklyn matter by April 11.
The cases have a connection because the government is invoking the 18th-century All Writs Act in order to compel Apple to help it unlock an iPhone. In the New York case — which involves a person who was indicted on charges of meth trafficking and whose iPhone 5s was taken by federal agents — last month U.S. Magistrate Judge James Orenstein laid out his opposition to the use of the All Writs Act for this purpose.
Re: In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by the Court , No. 14 Cr. 387 (MKB); No. 15 MC 1902 (JO)
Dear Judge Brodie: We represent Apple Inc. in the above-referenced matter. We write to respectfully requestthat the Court stay the current briefing schedule until at least 10 days after the Department of Justice(“DOJ”) submits its status report in
In the Matter of the Search of an Apple iPhone Seized Duringthe Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203 , No. 5:16-cm-00010 (C.D. Cal.) (the “San Bernardino Matter”), to allow the parties to review thatstatus report and advise the Court on how it may affect this matter. Apple conferred with thegovernment about its request to modify the briefing schedule. The government indicated that it didnot oppose a fourteen day extension of Apple’s deadline to respond to the government’s applicationfor an All Writs Act order, but did not want to join in Apple’s rationale for such request. Thegovernment further indicated that after Apple filed its letter, the government would review andconsider how to respond.Apple and the DOJ are presently litigating related legal issues in the San Bernardino Matter.An evidentiary hearing and argument on Apple’s motion to vacate an order compelling assistanceunder the All Writs Act was scheduled in that matter for March 22, 2016. On the afternoon of March 21, 2016, the DOJ submitted an application to continue that hearing.
San BernardinoMatter, ECF No. 191 (attached as Exhibit A). In its application, the DOJ revealed that “an outside party demonstrated to the FBI a possible method for unlocking” the subject iPhone, but that “testing[was] required to determine whether it is a viable method that will not compromise data” on the phone.
“Apple respectfully requests that the Court stay the current March 31, 2016 due date for Apple’s response to the DOJ’s application until after the DOJ files its status report in the San Bernardino Matter on April 5, 2016,” the lawyers wrote. “Apple further requests that the parties be required to submit a status report (either jointly or with each side presenting its own position on how to proceed) no later than April 11, 2016.”
If the court accepts the FBI’s request to delay, the agency plans to file a “status report” by April 5th — so we should find out soon if the government’s new mysterious iPhone hack works.