On Fri, Feb 26, 2016 at 02:15:24PM -0500, John Young wrote: > At 11:13 AM 2/26/2016, Henry Baker wrote: > > >If this interpretation of the All Writs Act is upheld, then the > >DOJ will have to consult with the intelligence community prior to > >compelling companies like Apple to decrypt phones. It would be > >quite interesting for DOJ to publicly stipulate that NSA could (or > >could not) break into iOS 8 or 9. This is truly a sticky wicket, > >since the intelligence community is generally prohibited from > >working on domestic issues. > > We asked for an opinion of Michael Froomkin, Law Professor at > University of Miami, on Henry Baker's > comments: > > https://cryptome.org/2016/02/can-spies-break-apple-crypto.htm
NOW we get to something substantial. Why is one branch of the government asking a private company to do what many believe is easily done by (multiple?) other branches of the government. Does one sub-beaurocracy have the power to compel a private citizen to do what another sub-beaurocracy has refused to do? Or maybe, does the All Writs Act allow a judge to compel a secret document or procedure they have seen abused many times to be declassified? There's a fascinating game being played out here.
