102:, the Supreme Court held that a court of appeals to which an appeal could be taken against an FTC order banning a merger could properly issue a preliminary injunction under the All Writs Act while the FTC determined the merger's legality, if the need for injunctive relief was "compelling". In that case the acquired company would cease to exist since the acquiring company was about to sell all acquired milk routes, its plants and equipment, and other assets, precluding its restoration as a viable independent company if the merger were subsequently ruled illegal. This would prevent a meaningful order from being entered in the case. The Court held that the All Writs Act extends to the potential jurisdiction of an appellate court where an appeal is not then pending, but may later be perfected.
150:
286:(CALEA). The DOJ has argued, both in October in Brooklyn and in filings on February 19, 2016, against Apple that CALEA does not apply to these cases, which involve "data at rest rather than in transit", an important distinction for determining whether CALEA applies, nor does it alter the authority granted the courts under the All Writs Act. On February 29, 2016, Magistrate Judge James Orenstein issued an order denying the government's request in its effort to decrypt an iPhone for admission as evidence.
110:
opined that the merger probably violated the antitrust laws but did not believe that effective relief would be "virtually impossible." The
Supreme Court reached a similar result in a later case involving an agency's dismissal of an employee. The reason was that judicial review would not be defeated as in
134:
434 U.S. 159 (1977) that the act provided authority for a U.S. District Court to order a telephone company to assist law enforcement officials in installing a device on a rotary phone in order to track the phone numbers dialed on that phone, which was reasonably believed to be used in furtherance of
109:
denied relief, because an All Writs preliminary injunction should issue only if the FTC can show that "an effective remedial order, once the merger was implemented, would otherwise be virtually impossible, thus rendering the enforcement of any final decree of divestiture futile." The Second
Circuit
359:
Section 14 of the 1789 Act provided that all courts of the United States should "have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdiction, and agreeable to the
95:
has ruled that federal administrative agencies can invoke the All Writs Act to preserve the status quo when a party within the agency's jurisdiction is about to take action that will prevent or impair the agency from carrying out its functions. In
244:. The head of the FBI stated that what was requested was that Apple disable the iPhone's feature which erases encrypted data on the device after ten incorrect password attempts. Apple claimed that complying with the order would make
202:
has confirmed at least 76 cases in 22 states where the government applied for an order under the All Writs Act. In addition, Apple has identified 12 pending cases in its court documents, and the ACLU has found one additional case in
61:(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law. (b) An alternative writ or
641:
226:
218:
211:
626: (February 16, 2016) ("In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a black Lexus IS300, California license plate 35KGD203"),
763: (3d Cir. 2017) ("hough the Fifth Amendment may be implicated by Doe's decryption of the devices, any testimonial aspects of that production were a foregone conclusion.").
487:
214:
authorized a writ directing a mobile phone manufacturer, whose identity was not disclosed, to assist an investigation of credit card fraud by bypassing a phone's password screen.
849:
283:
272:
268:
49:. The current form of the act was first passed in 1911, and the act has been amended several times since then; it has not changed significantly in substance since 1789.
519:
198:
The government has been trying to use the All Writs Act since at least 2008 to force various companies to provide assistance in cracking their customers' phones. The
45:
necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law". The act in its original form was part of the
125:
as authority for issuance of an All Writs order to compel the FCC to act on a petition that it had allegedly delayed for almost five years without acting on it.
377:
81:
An independent basis for jurisdiction—the act authorizes writs in aid of jurisdiction, but does not in itself create any federal subject-matter jurisdiction.
573:
154:
130:
305:
will turn around and force Apple to hand it over to them ... They will use that key to oppress their own people and steal U.S. trade secrets."
264:
38:
240:
operating system, with certain security features removed, for
Federal law enforcement officers to use as part of an investigation into the
149:
814:
92:
30:
627:
144:
773:
460:
702:
385:
257:
199:
854:
844:
793:
294:
545:"In Re Order Requiring [XXX], Inc. to Assist in the Execution of a Search Warrant ... by Unlocking a Cell Phone"
87:
Usages and principles of law—the statute requires courts to issue writs "agreeable to the usages and principles of law".
390:
734:
241:
378:"Resorting to Extraordinary Writs: How the All Writs Act Rises to Fill the Gaps in the Rights of Enemy Combatants"
84:
Necessary or appropriate in aid of jurisdiction—the writ must be necessary or appropriate to the particular case.
724:
608: (October 3, 2014) ("Order requiring Apple, Inc. to assist in the execution of a search warrant"),
698:
236:
On
February 16, 2016, the Act was invoked again in an order that Apple Inc. create a special version of its
78:
The absence of alternative remedies—the act is only applicable when other judicial tools are not available.
279:
859:
98:
46:
609:
646:
544:
361:
798:
297:, argued: "If the FBI can force Apple to build a key, you can be sure authoritarian regimes like
282:
has established guidelines for what is required of private entities in such circumstances in the
245:
191:
has revived the All Writs Act in the 21st century, notably to gain access to password-protected
819:
260:
announced its support for Apple's position. Several public figures have joined the debate.
188:
26:
839:
549:
106:
833:
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warned of the precedent that following the order would create. On the same day, the
578:
342:
192:
118:
642:"Apple vows to resist FBI demand to crack iPhone linked to San Bernardino attacks"
520:"Here's a map of where Apple and Google are fighting the All Writs Act nationwide"
34:
321:
497:
253:
229:. Federal law enforcement sought to require Apple to extract data from a locked
676:
222:
158:
74:
Application of the All Writs Act requires the fulfillment of four conditions:
290:
230:
62:
672:
668:
574:"Feds want Apple's help to defeat encrypted phones, new legal case shows"
488:"Here are the places feds are using a controversial law to unlock phones"
249:
248:
trivial for anyone with access to a phone using this software. Apple CEO
267:
stated that a decryption order issued under the Act did not violate the
16:
1789 U.S. statute giving federal courts authority to effectuate the law
65:
may be issued by a justice or judge of a court which has jurisdiction.
302:
162:
227:
United States
District Court for the Northern District of California
774:"Can an 18th-century law force Apple into hacking killer's phone?"
298:
148:
42:
729:
492:
275:
if the contents of a hard drive were a "foregone conclusion."
237:
815:"This Isn't about One iPhone. It's About Millions of Them"
284:
Communications
Assistance for Law Enforcement Act of 1992
756:
United States of
America v. Apple Macpro Computer et al.
448:
Telecommunications
Research & Action Center v. FCC
225:
in papers invoking the Act, which were filed in the
195:
in domestic terrorism and narcotics investigations.
153:State-by-state usage of the All Writs Act by the
59:
219:Oakland Division of the U.S. Attorney's Office
553:. United States District Court, S.D. New York
8:
850:United States federal judiciary legislation
699:"EFF to Support Apple in Encryption Battle"
794:"Magistrate Judge James Orenstein's Order"
337:
335:
461:"United States v. New York Telephone Co"
366:, Power to Issue Writs: The Act of 1789.
278:In court filings, Apple has argued that
725:"Apple vs. FBI: See who's taking sides"
313:
155:federal government of the United States
131:United States v. New York Telephone Co.
265:Court of Appeals for the Third Circuit
723:O'Neill, Maggie (February 19, 2016).
640:Ellen Nakashima (February 17, 2016).
7:
242:2015 San Bernardino terrorist attack
572:Farivar, Cyrus (December 1, 2014).
697:Opsahl, Kurt (February 16, 2016).
518:Raymundo, Oscar (March 30, 2016).
293:(D-OR), a privacy advocate on the
14:
623:United States of America v. Apple
605:United States of America v. Apple
486:Pagliery, Jose (March 30, 2016).
376:Portnoi, D. D. (March 19, 2009).
139:Application to electronic devices
467:. Supreme Court of United States
128:The U.S. Supreme Court ruled in
450:, 750 F.2d 70 (D.C. Cir. 1984).
360:principles and usages of law."
212:U.S. District Court in New York
703:Electronic Frontier Foundation
386:New York University Law Review
322:"TOPN: Table of Popular Names"
258:Electronic Frontier Foundation
200:American Civil Liberties Union
1:
426:, 477 F.2d 24 (2d Cir. 1973).
343:"28 U.S. Code § 1651 - Writs"
295:Senate Intelligence Committee
105:In a later similar case, the
27:United States federal statute
673:"A Message to our Customers"
438:, 415 U.S. 61, 77-78 (1974).
246:brute force password attacks
233:as part of a criminal case.
145:FBI–Apple encryption dispute
39:United States federal courts
347:Legal Information Institute
326:Legal Information Institute
182: Apple Inc. and Google
876:
735:Turner Broadcasting System
142:
389:: 293–322. Archived from
217:On November 3, 2014, the
57:The text of the Act is:
263:On March 20, 2017, the
210:On October 31, 2014, a
37:, which authorizes the
184:
67:
671:(February 16, 2016).
152:
99:FTC v. Dean Foods Co.
47:Judiciary Act of 1789
855:1789 in American law
845:1911 in American law
802:. February 29, 2016.
782:. February 18, 2016.
424:FTC v. PepsiCo, Inc.
414:384 U.S. 597 (1966).
396:on February 21, 2016
647:The Washington Post
135:criminal activity.
799:The New York Times
273:self-incrimination
271:privilege against
185:
93:U.S. Supreme Court
70:Conditions for use
436:Sampson v. Murray
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41:to "issue all
31:28 U.S.C.
29:, codified at
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117:In 1984, the
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23:All Writs Act
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860:Surveillance
818:
813:Wyden, Ron.
808:
797:
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755:
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740:February 19,
738:. Retrieved
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708:February 17,
706:. Retrieved
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682:February 17,
663:
653:February 17,
651:. Retrieved
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589:February 16,
587:. Retrieved
579:Ars Technica
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557:February 29,
555:. Retrieved
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527:. Retrieved
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501:. Retrieved
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471:February 29,
469:. Retrieved
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400:February 17,
398:. Retrieved
391:the original
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119:D.C. Circuit
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761:No. 15-3537
498:Time Warner
254:open letter
35:§ 1651
834:Categories
680:Retrieved
677:Apple Inc.
584:Condé Nast
309:References
223:Apple Inc.
159:Apple Inc.
123:Dean Foods
121:relied on
112:Dean Foods
669:Cook, Tim
529:March 31,
503:April 30,
291:Ron Wyden
231:iPhone 5S
63:rule nisi
524:Macworld
289:Senator
280:Congress
250:Tim Cook
157:against
363:Findlaw
820:Medium
759:,
303:Russia
252:in an
221:named
180:
174:
168:
163:Google
33:
840:Writs
394:(PDF)
381:(PDF)
299:China
43:writs
25:is a
742:2016
710:2016
684:2016
655:2016
628:Text
610:Text
591:2016
559:2016
531:2016
505:2016
473:2016
402:2016
301:and
187:The
161:and
91:The
21:The
730:CNN
493:CNN
238:iOS
53:Act
836::
817:.
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334:^
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Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
