Skip to main content

Apple wants to delay the New York iPhone case until after the DOJ's next move

While the world waits for the FBI’s response in cracking the San Bernardino shooter’s iPhone, Apple has shifted its attention to the New York iPhone case, where the All Writs Act was also invoked to force the company to help unlock the device.

Apple is asking the court to delay further proceedings on the New York case until the FBI submits its status report for the San Bernardino case. The FBI submitted a motion to postpone the California hearing, which was scheduled for March 22, after it said it received information from a third party on a method to break into the iPhone.

Related Videos

The New York case revolves around an individual who was indicted on charges of meth trafficking. Although he pleaded guilty, law enforcement personnel believe the data on his phone will be useful for other investigations. Apple, ever-resilient in the fight to prevent backdoors into its encrypted devices, didn’t provide the means to get access into the phone. The U.S. Magistrate Judge James Orenstein agreed that Apple had no obligation to do so under the All Writs Act.

Now as the FBI tests its new method, Apple wants the judge to postpone the hearing for the New York case.

“The outcome of the DOJ’s evaluation will not be known until April 5, when the DOJ submits its status report in the San Bernardino Matter,” Apple’s lawyers said in a filing. “In the interim, both the Court and the parties lack sufficient information to determine the most appropriate way for this matter to proceed. Going forward without such information would be highly inefficient.”

Apple wants to see if the same method the FBI is trying on the San Bernardino shooter’s iPhone will work on the New York iPhone — and if it does, then it wants the case to be dismissed.

“For example, if that same method can be used to unlock the iPhone in this case, it would eliminate the need for Apple’s assistance,” according to the filing. “On the other hand, if the DOJ claims that the method will not work on the iPhone here, Apple will seek to test that claim, as well as any claims by the government that other methods cannot be used.”

Apple requested that a status report be filed for the case by both parties, or jointly, no later than April 11.

Apple attorneys’ letter to Judge Margo Brodie:

Editors' Recommendations

This Galaxy S23 Ultra case gives Samsung users a huge iPhone 14 feature
A person holding the Samsung Galaxy S23 Ultra.

Samsung has finally revealed the next generation of Galaxy smartphones: the Galaxy S23, S23 Plus, and S23 Ultra. Though you can preorder the Galaxy S23 right now, the phones won’t be shipping until February 17, 2023. But you can always start prepping for your shiny new toy by picking up some of the best Galaxy S23 cases and S23 screen protectors right now.

I did notice one interesting case from Spigen, one of the more well-known and popular case makers with plenty of affordable offerings. I’m specifically pointing out the Spigen Ultra Hybrid OneTap MagSafe Ring case for the S23 Ultra. I’m not sure why this case is only for the Ultra and not the regular S23 or S23 Plus, but it is doing something that I wish all case manufacturers would do — for both Android and iPhone. And, yes, it's one of the best Galaxy S23 Ultra cases on the market.
Bringing the iPhone's best feature to the S23 Ultra

Read more
My iPhone 14 Pro camera is ruined, and it’s all Apple’s fault
The iPhone 14 Pro's camera module.

Every year, Apple touts the iPhone as having an incredible camera system — and, yes, the hardware is certainly impressive. The iPhone 14 Pro has the latest advancements that Apple offers in terms of camera upgrades, including a huge jump to a 48MP main camera with pixel-binning technology (four su-pixels to make up one larger pixel), a telephoto lens with 3x optical zoom, faster night mode, and more. Again, on the hardware front, the iPhone 14 Pro camera looks impressive. And it is!

But what good is great camera hardware when the software continues to ruin the images you take? Ever since the iPhone 13 lineup, it seems that any images taken from an iPhone, unless it’s shot in ProRaw format, just look bad compared to those taken on older iPhones and the competing best Android phones. That’s because Apple has turned the dial way up on computational photography and post-processing each time you capture a photo. It’s ruining my images, and Apple needs to take a chill pill and take it down a notch.
These 'smart' features aren’t as smart as they claim

Read more
Trading in your iPhone with Apple? You’ll get less than yesterday
An iPhone 14 Pro Max with the display turned on. We see the Home Screen and Pixel Pals running in the Dynamic Island.

For the second time in two months, Apple has reduced the trade-in values of many of its iPhones and other products.

Spotted by MacRumors, the adjustments are pretty significant for some of its handsets.

Read more