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It had been brought at school by the father of one the students, and, being nerdy, I had the chance to be one the selected few to get access to it. The first Apple computer I ever touched was an Apple II+, in 1982 if memory serves.
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I am, at this very moment, typing this text on a MacBook Pro, listening to music on AirPods Pro and wearing an Apple Watch at the wrist. By now, the apartment is now filled with Apple hardware, including an iPad pro, 2 Apple TVs, 4 HomePods and HomeKit devices in every room.
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Since then, I went down the rabbit hole, with a 3rd generation iPod (2003), a Mac Mini G4 (2005), a 4th generation iPod nano (2006), a first generation iPhone (2007), an iPhone 3G (2008), a first generation MacBook Air (2008) and so on. The first Mac I ever bought was a 12″ PowerBook G4, in 2003. Nevertheless, it took me a long time to actually own an Apple device. The Court averred that even if it could have assessed the Fifth Amendment decision of the magistrate judge, the judge did not commit a clear or obvious error in his application of the foregone conclusion doctrine, and the judge rested his decision rejecting the Fifth Amendment challenge on factual findings that were amply supported by the record because the judge found that any testimonial component of the production of decrypted devices added little or nothing to the information already obtained by the Government.I am an Apple Fanboy. The Court held that the magistrate judge did not plainly err in issuing the decryption order pursuant to the All Writs Act, which required Doe to assist the Government in the execution of the search warrant by producing his devices in a fully unencrypted state, because the order was a necessary and appropriate means of effectuating the original search warrant. Doe appealed, contending that the court did not have subject matter jurisdiction to issue the decryption order based on the All Writs Act.ĭid the magistrate judge err in issuing the Decryption Order pursuant to the All Writs Act? Answer: Following the forensic examination, the Magistrate Judge granted the Government's Motion for Order to Show Cause Why Doe Should Not Be Held in Contempt, finding that Doe willfully disobeyed and resisted the Decryption Order. However, Doe insisted that he could not remember the passwords necessary to decrypt the hard drives.
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Doe appeared for the forensic examination of his devices, wherein he produced the Apple iPhone 6 Plus in a fully unencrypted state. The Magistrate Judge denied Doe's Motion to Quash and directed Doe to fully comply with the Decryption Order. Instead, he filed with the Magistrate Judge a motion to quash the Government's application to compel decryption, arguing that his act of decrypting the devices would violate his Fifth Amendment privilege against self-incrimination. Upon the application of the Government, a Magistrate Judge issued an order pursuant to the All Writs Act requiring Doe to produce his iPhone 6 Plus, his Mac Pro computer, and his two attached external hard drives in a fully unencrypted state (the "Decryption Order").
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Doe voluntarily provided the password for the Apple iPhone 5S, but refused to provide the passwords to decrypt the Apple Mac Pro computer or the external hard drives. Police subsequently seized a password-protected Apple iPhone 6 Plus as well. During the search, officers seized an Apple iPhone 5S and an Apple Mac Pro Computer with two attached Western Digital External Hard Drives, all of which had been protected with encryption software. Facts:ĭuring an investigation into Doe's access to child pornography over the internet, the Delaware County Criminal Investigations Unit executed a valid search warrant at Doe's residence.
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Additionally, a federal court may only issue an All Writs Act order as may be necessary or appropriate to effectuate and prevent the frustration of orders it has previously issued in its exercise of jurisdiction otherwise obtained. Therefore, a court has subject matter jurisdiction over an application for an All Writs Act order only when it has subject matter jurisdiction over the underlying order that the All Writs Act order is intended to effectuate. The All Writs Act does not itself confer any subject matter jurisdiction, but rather only allows a federal court to issue writs in aid of its existing jurisdiction. § 1651, permits federal courts to issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.