WASHINGTON (AP) A Brooklyn jurist has scolded the government in a stinging rebuke of arguments it has used to shame Apple for refusing to surrender information from its customers' iPhones, saying it's stretching a 1789 law to get "impermissibly absurd results."
The New York case features a government request far less onerous for Apple and its cellphone technology; the extraction technique exists for that older operating system and it's been used before some 70 times to assist investigators.
Since late 2014, that physical extraction technique hasn't existed on newer iPhones.
In California, U.S. Magistrate Judge Sheri Pym ordered investigators to create specialized software to help the FBI bypass security protocols on the encrypted phone so investigators can test random passcode combinations in rapid sequence to access its data.
Orenstein warned that amid the blossoming of computer power, a government theory that a licensing agreement compels manufacturers "to help it surveil the products' users will result in a virtually limitless expansion of the government's legal authority to surreptitiously intrude on personal privacy."