"And if the government needs the assistance of third parties to insure the search is actually conducted, judges all over the country and on the supreme court have said that those parties must assistance if it is reasonably within their power to do so," Lynch said. This week, Attorney General Loretta Lynch told a Senate subcommittee judges have the right to order Apple to unlock people's personal phones. In the Brooklyn matter, Judge James Orenstein asked Apple to list other cases in which federal prosecutors have asked the company to unlock iPhones.Īpple then disclosed nine cases since October - two in Manhattan and another in Brooklyn, that one involving two phones. it is really a national policy choice," Reidenberg said. "That congress really ought to be doing rather than a magistrate judge in Brooklyn, a magistrate judge in California, a couple judges here or there. Professor Joel Reidenberg, an expert at Fordham University's Center on Law and Information Policy, says elected officials should settle the issue. The Brooklyn case is about a convicted drug dealer's phone that prosecutors want to access. But NY1's Criminal Justice Reporter Dean Meminger says Apple is facing a similar legal challenge in our city.Īpple's battle with law enforcement over unlocking iPhones is playing out in the Manhattan and Brooklyn federal courts. The refusal of Apple to unlock the iPhone of the terrorist who killed more than a dozen people in San Bernardino, California has triggered a national debate.
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