Case: In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by the Court

1:15-mc-01902 | U.S. District Court for the Eastern District of New York

Filed Date: Oct. 8, 2015

Closed Date: 2016

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Case Summary

On October 8, 2015, the United States moved for the U.S. District Court for the Eastern District of New York to compel Apple, Inc. (“Apple”), represented by private counsel, to assist in the execution of a federal search warrant under the All Writs Act, 28 U.S.C. § 1651. The application required Apple to bypass the lock screen on an iOS device owned by Jun Feng, a suspect believed to be involved in methamphetamine trafficking. The government had previously ordered Apple to assist in effectuatin…

On October 9, 2015, the court (Magistrate Judge James Orenstein) deferred ruling on the application and directed Apple to submit its view as to whether their assistance is technically feasible and whether compliance would be unduly burdensome.

On October 19, 2015, Apple responded to the court’s memorandum and order requesting more information. Apple argued that compliance with the government’s request would be substantially burdensome as it would be impossible to perform given Apple’s inability to access the device’s encrypted data without a passcode. Apple also notes that extraction of the data would require substantial business hours and would likely damage Apple’s commercial and reputational status. On October 26, 2015, the court heard argument from both Apple and the government.

On February 29, 2016, the Magistrate Judge Orenstein denied the government’s motion to compel, finding that the All Writs Act does not authorize compelled assistance in the present case. 149 F. Supp. 3d 341.

On March 7. 2016, the government appealed Magistrate Judge Orenstein’s decision, claiming that the order does not place a substantial burden on Apple and that Apple’s assistance is necessary to effectuate the warrant. On March 14, 2016, the case was reassigned to Judge Margo K. Brodie who reopened the case that same day.

On April 22, 2016, the government submitted a letter of update, informing the court that someone had provided the passcode to the iPhone at issue. As such, the government no longer needed Apple’s assistance. On April 25, 2016, Judge Brodie denied the government’s application as moot. The case is closed.

	Document
1:15-mc-01902	Docket Report In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by the Court	April 25, 2016	April 25, 2016 Docket
1 1:15-mc-01902	Application	Oct. 8, 2015	Oct. 8, 2015 Pleading / Motion / Brief
1-1 1:15-mc-01902	Order	Oct. 8, 2015	Oct. 8, 2015 Order/Opinion
12 1:15-mc-01902	Memorandum and Order In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by this Court	Oct. 9, 2015	Oct. 9, 2015 Order/Opinion 2015 WL 2015
10-1 1:15-mc-01902	Brief of Amici Curiae American Civil Liberties Union, New York Civil Liberties Union, Electronic Frontier Foundation, and Jennifer Granick and Riana Pfefferkorn	Oct. 19, 2015	Oct. 19, 2015 Pleading / Motion / Brief
29 1:15-mc-01902	Memorandum and Order	Feb. 29, 2016	Feb. 29, 2016 Order/Opinion 149 F.Supp.3d 149
30 1:15-mc-01902	The Government's Memorandum of Law in Support of its Application for an Order Compelling Apple Inc. to Assist Law Enforcement Agents in the Execution of a Search Warrant	March 7, 2016	March 7, 2016 Pleading / Motion / Brief
42 1:15-mc-01902	[Untitled]	April 22, 2016	April 22, 2016 Correspondence

ECF Number	Description	Date	Link Date / Link
1	MOTION to Compel by United States of America. (Attachments: # 1 Proposed Order) (Gillespie, Saudia) (Entered: 10/09/2015) 1 Proposed Order View on PACER	Oct. 8, 2015	Oct. 8, 2015 RECAP
2	MEMORANDUM AND ORDER: I defer ruling on the application and respectfullydirect Apple to submit its views in writing, no later than October 15, 2015, as to whether the assistance the government seeks is technically feasible and, if so, whether compliance with the proposed order would be unduly burdensome. If either the government or Apple wishes to present oral argument on the matter, I will hear such argument on October 22, 2015, at 12:00 noon. Ordered by Magistrate Judge James Orenstein on 10/9/2015. See attached document. (Gillespie, Saudia) (Entered: 10/09/2015)	Oct. 9, 2015	Oct. 9, 2015 RECAP
3	MEMORANDUM AND ORDER: On October 8, 2015, the government submitted under seal an application for an order pursuant to the All Writs Act, 28 U.S.C. ยง 1651, directing Apple, Inc. to assist in the execution of a federal search warrant by disabling the security of an Apple device that the government has lawfully seized pursuant to a warrant issued by this court. I respectfully direct the Clerk to maintain that document under seal on the public docket of this matter. I further respectfully direct the Clerk to file on the public docket of the same matter my Memorandum and Order dated October 8, 2015, which ruled on the government's application without referring to any specific information that would compromise a continuing investigation.. Ordered by Magistrate Judge James Orenstein on 10/9/2015. (Gillespie, Saudia) (Entered: 10/09/2015)	Oct. 9, 2015	Oct. 9, 2015 RECAP
4	Letter Submitting Joint Request for Extension of Time by United States of America (Elbert, Lauren) Modified on 10/14/2015 (Guy, Alicia). (Entered: 10/13/2015)	Oct. 13, 2015	Oct. 13, 2015 PACER
	ORDER granting 4 Motion for Extension of Time to File --- The application is GRANTED; Apple, Inc. may submit its views in writing by October 19, 2015. Ordered by Magistrate Judge James Orenstein on 10/14/2015. (Guy, Alicia)	Oct. 14, 2015	Oct. 14, 2015 PACER
	Order on Motion for Extension of Time to File	Oct. 14, 2015	Oct. 14, 2015 PACER
5	NOTICE of Appearance by Kenneth M. Dreifach on behalf of Apple Inc. (aty to be noticed) (Dreifach, Kenneth) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015 PACER
6	MOTION for Leave to Appear Pro Hac Vice [Jeffrey Landis] Filing fee $ 150, receipt number 0207-8105165. by Apple Inc.. (Attachments: # 1 Affidavit of Jeffrey Landis in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Appendix [Certificate of Good Standing Forthcoming], # 3 Proposed Order) (Dreifach, Kenneth) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015 PACER
7	MOTION for Leave to Appear Pro Hac Vice [Marc Zwillinger] Filing fee $ 150, receipt number 0207-8105376. by Apple Inc.. (Attachments: # 1 Affidavit of Marc Zwillinger in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Appendix [Certificate of Good Standing Forthcoming], # 3 Proposed Order) (Dreifach, Kenneth) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015 PACER
8	ORDER granting 6 Motion for Leave to Appear Pro Hac Vice -- Attorney Jeffrey G. Landis, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By October 26, 2015, Mr. Landis shall submit a certificate of good standing for each state in which he is admitted. By October 26, 2015, Mr. Landis shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Landis shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Landis shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 10/19/2015. (Howley, Thomas) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015 PACER
9	ORDER granting 7 Motion for Leave to Appear Pro Hac Vice -- Attorney Marc J. Zwillinger, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By October 26, 2015, Mr. Zwillinger shall submit a certificate of good standing for each state in which he is admitted. By October 26, 2015, Mr. Zwillinger shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Zwillinger shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Zwillinger shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 10/19/2015. (Howley, Thomas) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015 PACER
10	MOTION for Leave to File Brief of Amici Curiae by American Civil Liberties Union. (Attachments: # 1 Memorandum in Support Brief of Amici Curiae American Civil Liberties Union et al.) (Bhandari, Esha) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015 PACER
11	NOTICE by Apple Inc. RESPONSE TO COURTS OCTOBER 9, 2015 MEMORANDUM AND ORDER (Dreifach, Kenneth) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015 PACER
	ORDER denying 10 Motion for Leave to File -- I am grateful to the proposed amici for their proffered assistance, but I conclude that it is unnecessary. Although the government filed the pending motion for relief under the All Writs Act ex parte, the entity it seeks to have the court compel has been afforded an opportunity to vindicate its interests by submitting a brief. While the proposed amici, among many others, may have a fresh perspective on a broader policy debate surrounding the instant that the briefs I have already solicited may not fully address, the sole legal issue before the court is a narrow one that directly affects only the government and Apple, Inc. and that they are fully capable of exploring thoroughly in their submissions. I therefore exercise my discretion to deny the motion. Cf. United States v. Yaroshenko, 86 F. Supp. 3d 289, 291 (S.D.N.Y. 2015). Ordered by Magistrate Judge James Orenstein on 10/20/2015. (Orenstein, James)	Oct. 20, 2015	Oct. 20, 2015 PACER
	Order on Motion for Leave to File	Oct. 20, 2015	Oct. 20, 2015 PACER
	ORDER re 11 Notice(Other) filed by Apple Inc.: In inviting Apple, Inc. ("Apple") to submit its views on the feasibility and burdensomeness of the government's request, I did not intend to limit its submission to those matters, but rather to focus its attention on particular factual questions. I therefore respectfully invite Apple to supplement its submission by addressing the legal question before the court; namely, whether the All Writs Act empowers the court to compel Apple to provide the technical assistance the government seeks. If Apple can do so in advance of the hearing on October 22, 2015 (at which I would benefit from Apple's participation and availability to answer questions, should they arise, even if Apple does not affirmatively wish to present an oral argument), I request that it do so; otherwise, I respectfully direct the government and Apple to submit a proposed revised schedule. Ordered by Magistrate Judge James Orenstein on 10/20/2015. (Orenstein, James)	Oct. 20, 2015	Oct. 20, 2015 PACER
	Order	Oct. 20, 2015	Oct. 20, 2015 PACER
12	NOTICE of Appearance by Saritha Komatireddy on behalf of United States of America (aty to be noticed) (Komatireddy, Saritha) (Entered: 10/20/2015)	Oct. 20, 2015	Oct. 20, 2015 PACER
13	Letter Regarding Schedule by United States of America (Elbert, Lauren) (Entered: 10/21/2015)	Oct. 21, 2015	Oct. 21, 2015 PACER
	Order	Oct. 21, 2015	Oct. 21, 2015 PACER
	ORDER re 13 Letter filed by United States of America -- The proposed schedule, docket entry 13, is so ordered. The hearing previously scheduled for October 22, 2015 is rescheduled for October 26, 2015 at 11:30 a.m. Apple may submit a supplemental response by October 23, 2015. Ordered by Magistrate Judge James Orenstein on 10/21/2015. (Howley, Thomas)	Oct. 21, 2015	Oct. 21, 2015 PACER
14	NOTICE of Appearance by Ameet B. Kabrawala on behalf of United States of America (aty to be noticed) (Kabrawala, Ameet) (Entered: 10/22/2015)	Oct. 22, 2015	Oct. 22, 2015 PACER
15	REPLY in Support of the Government's Application for an All Writs Act Order and in Opposition to Apple Inc.'s Response filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Komatireddy, Saritha) (Entered: 10/22/2015)	Oct. 22, 2015	Oct. 22, 2015 PACER
16	NOTICE by Apple Inc. re Order,,,, Supplemental Response to Court October 9 2015 Order and Opinion (Dreifach, Kenneth) (Entered: 10/23/2015)	Oct. 23, 2015	Oct. 23, 2015 PACER
17	NOTICE by Apple Inc. re 9 Order on Motion for Leave to Appear Pro Hac Vice,, 8 Order on Motion for Leave to Appear Pro Hac Vice,, of Filing of Certificates of Good Standing (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Dreifach, Kenneth) (Entered: 10/23/2015)	Oct. 23, 2015	Oct. 23, 2015 PACER
18	Minute Entry for proceedings held before Magistrate Judge James Orenstein:Motion Hearing held on 10/26/2015 re 1 MOTION to Compel filed by United States of America. I heard argument on the government's motion and reserved decision. The government and Apple may submit supplemental letters in support of their respective positions by October 28, 2015. (Orenstein, James) (Entered: 10/26/2015)	Oct. 26, 2015	Oct. 26, 2015 PACER
19	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/26/2015, before Judge James Orenstein. Court Reporter/Transcriber Rudolph, Telephone number 718-613-2538. Email address: GeneRudolph@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/17/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 1/25/2016. (Rudolph, Gene) (Entered: 10/27/2015)	Oct. 27, 2015	Oct. 27, 2015 RECAP
	UNSEALING ORDER --- The Clerk of Court is respectfully directed to unseal docket entry 1 MOTION to Compel by United States of America. Ordered by Magistrate Judge James Orenstein on 10/28/2015. (Guy, Alicia)	Oct. 28, 2015	Oct. 28, 2015 PACER
	Order	Oct. 28, 2015	Oct. 28, 2015 PACER
20	NOTICE by Apple Inc. Supplemental Brief pursuant to Courts Civil Conference Minute Order (Zwillinger, Marc) (Entered: 10/28/2015)	Oct. 28, 2015	Oct. 28, 2015 PACER
21	REPLY in Support of the Government's Application for an All Writs Act Order (supplemental) filed by United States of America. (Komatireddy, Saritha) (Entered: 10/28/2015)	Oct. 28, 2015	Oct. 28, 2015 PACER
22	Letter by United States of America (Elbert, Lauren) (Entered: 10/29/2015)	Oct. 29, 2015	Oct. 29, 2015 PACER
	ORDER re 22 Letter filed by United States of America -- In light of the fact that the defendant against whom evidence from the subject telephone was to be used has pleaded guilty, I respectfully direct the government to explain why the application is not moot. To the extent the response requires the disclosure of information occurring before a grand jury, the government may file its response under seal, along with a redacted version suitable for public access. Ordered by Magistrate Judge James Orenstein on 10/30/2015. (Howley, Thomas)	Oct. 30, 2015	Oct. 30, 2015 PACER
	Order	Oct. 30, 2015	Oct. 30, 2015 PACER
23	NOTICE of Appearance by Marc J. Zwillinger on behalf of Apple Inc. (aty to be noticed) (Zwillinger, Marc) (Entered: 10/30/2015)	Oct. 30, 2015	Oct. 30, 2015 PACER
24	NOTICE of Appearance by Jeffrey G. Landis on behalf of Apple Inc. (aty to be noticed) (Landis, Jeffrey) (Entered: 10/30/2015)	Oct. 30, 2015	Oct. 30, 2015 PACER
25	Letter Responding to the Court's October 30, 2015 Order by United States of America (Elbert, Lauren) (Entered: 10/30/2015)	Oct. 30, 2015	Oct. 30, 2015 PACER
26	Letter regarding Court's October 30, 2015 Order by Apple Inc. (Landis, Jeffrey) (Entered: 02/12/2016)	Feb. 12, 2016	Feb. 12, 2016 PACER
	ORDER re 26 Letter filed by Apple Inc. -- Because the assertions in its latest letter may affect my analysis of certain arguments made by the government and Apple, Inc. ("Apple"), I respectfully request Apple to provide certain details about the "additional requests similar to the one underlying the case before this Court" it has received during the pendency of this matter. In particular, with respect to each such request, I ask Apple to specify: (1) the jurisdiction in which the request was made, (2) the type of device at issue in the request and the version of iOs being used on that device; (3) whether Apple opposed the request or otherwise sought or obtained an opportunity to be heard on it before it was resolved; (4), the disposition of the request (together with a copy of any opinion or order resolving the request, if materially different from the government's proposed order in this matter); (5) whether Apple tried to unlock the device, either on consent or pursuant to a court order; and (6) a description of the results of any such attempt to unlock the device (including whether usable data was recovered, whether the attempt resulted in the deletion of stored data, or some other result). Apple shall file its response under seal by March 1, 2016. No later than March 4, 2016, the government may request the redaction of any details in the letter that would jeopardize any continuing investigation; after reviewing any such request I will direct Apple to file a properly redacted version of its response on the public record. Ordered by Magistrate Judge James Orenstein on 2/16/2016. (Howley, Thomas)	Feb. 16, 2016	Feb. 16, 2016 PACER
	Order	Feb. 16, 2016	Feb. 16, 2016 PACER

Case: In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by the Court

1:15-mc-01902 | U.S. District Court for the Eastern District of New York

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