The New Yorker:
It is essential to this story that the order to Apple is not a subpoena: it is issued under the All Writs Act of 1789, which says that federal courts can issue “all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” Read as a whole, this simply means that judges can tell people to follow the law, but they have to do so in a way that, in itself, respects the law.
The Act was written at a time when a lot of the mechanics of the law still had to be worked out. But there are qualifications there: warnings about the writs having to be “appropriate” and “agreeable,” not just to the law but to the law’s “principles.” The government, in its use of the writ now, seems to be treating those caveats as background noise. If it can tell Apple, which has been accused of no wrongdoing, to sit down and write a custom operating system for it, what else could it do?
Really well written examination of how the government is trying to use this law to compel Apple to do its bidding.
Nice understatement. The All Writs Act was written before the Bill of Rights. Even trying to use the All Writs Act shows how crazy the FBI’s position is. You had to go back to what is essentially British law?
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that is unAmerican!
That’l like using the Fugitive Slave law to extradite refushing Apple directors.