All Writs Act

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When the Executive Defies the Judiciary: How Federal Courts Can Enforce Their Orders Without the Marshals

Federal courts possess a number of tools to ensure the U.S. government is held responsible for failing to enforce or execute court orders.
Just Security

A friendly critique of the proposed Chesney/Vladeck “middle ground” in the Apple/FBI disputes

Bobby Chesney and Steve Vladeck have published an excellent and provocative post today concerning the recent All Writs Act disputes between the government and Apple. I agree with…
Just Security

DOJ’s appeal to district court judge from Magistrate Orenstein’s rejection of Apple All Writs Act order

is here; I have not yet read it. It will be considered by Judge Margo Brodie.
Just Security

A Readers’ Guide to the Apple All Writs Act Cases

The last few weeks and months have been awash in media coverage of two cases before magistrate judges involving the federal government seeking to use the All Writs Act to compel…
Just Security

[UPDATED] Magistrate Judge Orenstein’s order in the EDNY, denying DOJ’s All Writs Act request . . .

. . . is here. The order that the government requested the judge to issue would have required Apple to bypass the passcode security on an iPhone 5s (which used Apple’s iOS…
Just Security

Apple vs. FBI: “Just This Once”?

I wrote about the FBI’s attempt to force Apple to write an iPhone hacking tool for the bureau over at Time last week — and go read that if you’re getting caught up on the…
Just Security

Who Sets the Rules of the Privacy and Security Game?

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

A Quick Update: Apple, Privacy, and the All Writs Act of 1789

Here’s the latest in the encryption case we’ve been writing about in which the Justice Department is asking Magistrate Judge James Orenstein to order Apple to unlock a criminal…
Just Security

The All Writs Act, Software Licenses, and Why Judges Should Ask More Questions

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

Update on Apple’s Compelled-Decryption Case

Last week, we wrote about an order from a federal magistrate judge in New York that questioned the government’s ability, under an ancient federal law called the All Writs Act,…
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