Under court rules, the company could have waived its right to protest to Pym's order if it did not file the formal objections by the end of the day Tuesday, two weeks after the magistrate issued the Feb. 16 demand. It was not immediately clear whether Apple's move would disrupt the schedule Pym set for various briefs in the case in the next two weeks, followed by a hearing on March 22.
The Justice Department is trying to force Apple to unlock iPhones using the two-century-old All Writs Act. In this case, U.S. District Court Magistrate Sheri Pym approved an ex parte order that demanded Apple build a backdoor into the iPhone used by one of the San Bernardino shooters. Another judge in New York, Magistrate Judge James Orenstein, rejected the Justice Department's argument that the 18th century All Writs Act can be used to force Apple to hack the iPhone in a comprehensive 50-page order. He noted that issues of 21st century privacy and technology should not be based on such an old law.
Yesterday, Apple and the FBI argued their opposing views on the need for encryption before Congress.
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