A public letter, posted by Apple CEO Tim Cook, has received considerable media attention this week. At issue is a government request for Apple to provide access (via a modification to the iOS operating system) to encrypted data on a phone used by one of the San Bernardino shooters. The Department of Justice has requested the Court to compel Apple to provide access under purported authority given to the Court by the All Writs Act. This statute, originally enacted as the Judiciary Act of 1789 authorizes federal courts to issue writs to effectuate orders, including search warrants. The All Writs Act is presently codified in 28 U.S.C. § 1651(a). and chaptered in U.S. Statutes at Large at 1 Stat. 73, 81-82 (1789).
On Tuesday, U.S. Magistrate Judge Sheri issued an order (see “Order to Compel”) compelling Apple to assist federal agents in their search. Today, the government filed a motion to compel Apple to comply with that order (see “Motion to Compel to Comply”).