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Comment by nostromo

I suspect that the intelligence and law enforcement communities are afraid that if this case goes to the Supreme Court the All Writs Act may be scaled back or ruled unconstitutional.

The All Writs Act goes back to 1789 and is used for all sorts of things, like wire tapping, obtaining call and ISP records, etc., and now trying to force Apple to make malware for their own phone.

It's definitely a risk for the FBI to fight this battle and potentially lose a tool they use all the time. Since there is probably no new info on the phone, it may not be worth the risk of making this a big fight with a motivated and well-financed adversary like Apple.

parent nostromo 10 years ago

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