Apple is once again saying no to the U.S. government. On Friday, in a legal filing the giant in tech company argued it should not have to aid officials from law enforcement who are seeking to extract data out of a trafficker of methamphetamine’s iPhone because not all means have been used to possibly bypass the security code.
Lawyers for the company also contend that the Justice Department misinterpreted the act of 1789 known as the All Writs Act that it used to ask a federal court in Brooklyn to compel the assistance Apple.
Apple lawyers filed a brief response to the appeal by the government of a ruling in March in which a Magistrate Judge from Brooklyn rejected the application of the federal prosecutor.
The filing was the latest new development in a closely watched and escalating personal privacy push against law enforcement’s legal struggle pitting federal investigators versus tech companies and providers of Internet.
The drug case in New York could set a big legal precedent for many other cases that officials in law enforcement are pursuing against Apple along with other companies in the tech industry.
In a California case that was much higher profile, Apple fought prosecutors in a court case over an iPhone that had been used by Syed Farook one of the murders in the shootout.
Apple argued FBI investigators should not have the right to make Apple make passcode software to bypass the iPhone software.
The Justice Department withdrew that application last month after it said the FBI had found a way to bypass the protection from the password and was able to extract all contents from the iPhone with help from a third party who remained unnamed.
Responding to the latest Apple court filing, the Justice Department argued that today’s All Writs Act authorizes specifically courts to required a private firm to assist in carrying out warrants.
The case in federal court in New York focuses on Jun Feng a defendant from Queens, New York.