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That may all be true and I don't dispute the duration and the fact that it wouldn't be binding at this level. However, what the FBI need is something to get the

That may all be true and I don't dispute the duration and the fact that it wouldn't be binding at this level. However, what the FBI need is something to get the ball rolling, the golden case that would set a precedent; that would almost definitely become binding in the higher court. They want a good foundation from which to proceed and I believe this case is now not it for them. They will wait for something that galvanises the general public and the courts more so than the current case, which will ultimately have a higher likelihood of setting the ball rolling towards a precedent. There's no other reason for this misappropriation of the All Writs Act other than to try and ultimately set a precedent.

Bluestrike2 11y ago
Yeah, but this was that case. I made the point in another comment, but this case had all of the emotional pull the FBI could ask for because it was a terrorist attack on US soil. Fear, anger, hate, even elements of Islamophobia combined to slant the PR field significantly in the FBI's favor. Even judges would be hesitant refuse the request unless it was blatantly flawed. Criminal cases aren't going to offer them anywhere near that sort of counterweight to the strong privacy concerns Apple has raised. So unless we're talking about Osama bin Laden's iPhone, and since he's dead that's kind of a non-starter, I don't see there being a better case. But if there's an alternative method that's been proposed and the FBI is aware of it, the FBI can't claim that forcing Apple to act is the government's last resort. So that's the most likely reason they've halted proceedings and not any fear that they may lose.