3 ms·
> Essentially you will have to argue that compelling a company to create an exploit to satisfy a warrant constitutes an unreasonable search if that exploit can
by swyman 11y ago
> Essentially you will have to argue that compelling a company to create an exploit to satisfy a warrant constitutes an unreasonable search if that exploit can also be used to perform illegal searches.
From the majority opinion in another All Writs case that made it to the Supreme Court[1]:
"[The lower court] was apparently concerned that sustaining the District Court's order would authorize courts to compel third parties to render assistance without limitation regardless of the burden involved and pose a severe threat to the autonomy of third parties who for whatever reason prefer not to render such assistance. Consequently the Court of Appeals concluded that courts should not embark upon such a course without specific legislative authorization. We agree that the power of federal courts to impose duties upon third parties is not without limits; unreasonable burdens may not be imposed."
[1] https://www.law.cornell.edu/supremecourt/text/434/159 https://www.law.cornell.edu/supremecourt/text/434/159
- studentrob 11y agoKey point: unreasonable burdens may not be imposed The order also said: "The order provided that the Company be fully reimbursed at prevailing rates, and compliance with it required minimal effort on the part of the Company and no disruption to its operations" So the FBI could be expected to reimburse Apple for weakening its product and future earnings. More details on that specific case as it relates to Apple vs. FBI are available from a post by a computer crime law professor [1] [1] https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/19/preliminary-thoughts-on-the-apple-iphone-order-in-the-san-bernardino-case-part-2-the-all-writs-act/ https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...