But the government argues that the residual authority of the court under the All Writs Act is particularly important where legislation lags behind technology or risks obsolescence.
The government argues that courts have relied on the All Writs Act to mandate third-party assistance with search warrants even in circumstances far more burdensome that what is requested in the New York case. An unreasonable burden on the third-party is a key criterion when a Judge considers an order under the Act. Apple has argued that a burden on the company would be the impact on its ability to protect customer information, which could threaten the trust customers have in the company and tarnish the Apple brand.
The DOJ is now asking the court to review the decision by the Magistrate Judge.
"Judge Orenstein ruled the FBI’s request would 'thoroughly undermine fundamental principles of the Constitution’ and we agree,” Apple said in a statement on the new filing by the DOJ. The company said it shared the Judge’s concern “that misuse of the All Writs Act would start us down a slippery slope that threatens everyone’s safety and privacy."
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