Justice Dept. appeals ruling in NY iPhone encryption case - CNET

The US Justice Department fired another salvo Monday in its battle with Apple, asking that a higher ranking judge consider its recently denied request that the electronics maker unlock an iPhone linked to an accused drug dealer in New York.

The move was expected after a federal judge in Brooklyn ruled last month that the US had no right to use a 227-year-old law to compel Apple to unlock a specific device and denied its motion.

The All Writs Act is the same law the Justice Department is hoping to use in another high-profile fight with Apple over the contents of an iPhone 5C used by one of the terrorists involved in the December massacre in San Beardino, Califoia.

"Apple is not being asked to do anything it does not currently have the capability to do," prosecutors said in its 51-page filing (see below) Monday appealing a ruling by Magistrate James Orenstein on February 29. "Apple has extracted data from iPhones like this one pursuant to All Writs orders numerous times, including as a result of orders issued in the Easte District of New York."

Orenstein's ruling is considered key because it may set a precedent strengthening Apple's argument that it doesn't have to cooperate with a February 16 court order to hack into the terrorist's iPhone. Apple argues the FBI's demand for a new version of its iPhone mobile operating software will create a "back door" into every iPhone and leave customers vulnerable to hackers. It has also said the case involves a broader privacy issue.