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Order Compelling Apple Inc. to Assist Agent in Search (Page #2)
Uploaded by Brad Feb 18, 2016 at 02:41PM EST
Origin Entry: The FBI vs. Apple
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![LERK, U.S. DISTRICT COURT FEB I 6 2016 CENTRAL DISTRICT OF CALIFA 1 EILEEN M. DECKER 2 PATRICIA A. DONAHUE 3 Chief, National Security Division 4 Assistant United States Attorney 5ALLEN W. CHIU (California Bar No. 240516) 6 Terrorism and Export Crimes Section 7 8 United States Attorney Assistant United States Attorney TRACY L. WILKISON (Calif rnia Bar No. 184948) Chief, Cyber and Intellectual Property Crimes Section Assistant United States Attorney 1500 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone (213) 894-0622/2435 o Facsimile: 213) 894-8601 Tracy.Wilkison@usdoj.gov Allen. Chiu@usdoj.gov ㄧㄩ Attarneys for Applicant UNITED SATES OF AMERICA 12 13 14 IN THE MATTER OF THE SEARCH OF 15 THE EXECUTION oF A SEARCH 16 17 35KGD203 18 19 20 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA No. ED 15-0451M APPLE IPHONE SEIZED DURING RROPeSED] ORDER COMPELLING APPLE INC. TO ASSIST AGENTS IN SEARCH ARRANT ON A BLACK LEXUS IS300, CALIFORNIA LICENSE PLATE This matter is before the Court pursuant to an application pursuant to the All Writs Act, 28 U.S.C. S 1651, by Assistant United 21 States Attorneys Tracy Wilkison and Allen chiu, requesting an order directing Apple Inc. ("Apple") to assist law enforcement agents in 23 enabling the search of a digital device seized in the course of a 24 previously issued search warrant in this matter 25 26 For good cause shown, IT IS HEREBY ORDERED that: 1 Apple shall assist in enabling the search of a cellular 27 telephone, Apple make: iPhone 5C, Model: A1532, P/N:MGFG2LL/A, 28 S/N:FFMNQ3MTG2DJ, IMEI:358820052301412, on the verizon Network, (the](https://i.kym-cdn.com/photos/images/newsfeed/001/081/707/41a.jpg "Order Compelling Apple Inc. to Assist Agent in Search (Page #1)")
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The FBI vs. Apple - Order Compelling Apple Inc. to Assist Agent in Search (Page #2)
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![Case 5:16-cm-00010-SP Document 1 Filed 02/19/16 Page 8 of 35 Page ID#18 1 appears to be based on its concern for its business model and public 2 |brand marketing strategy.2 3 Accordingly, the government now brings this motion to compel 4 While the Order includes the provision that "to the extent that Apple 5 believes that compliance with this Order would be unreasonably 6 burdensome, it may make an application to this Court for relief 7 within five business days of receipt of the Order, " Apple' s public 8statement makes clear that Apple will not comply with the Court' s 9 Order. The government does not seek to deny Apple its right to be 10 heard, and expects these issues to be fully briefed before the Court; 11 however, the urgency of this investigation requires this motion now 12 that Apple has made its intention not to comply patently clear 13This aspect of the investigation into the December 2, 2015 terrorist 14 attack must move forward 15 II. STATEMENT OF FACTS 16 17 Act order, and the Declaration of FBI Supervisory Special Agent 18("SSA") Christopher Pluhar, which was attached thereto, both of which 19were filed on February 16, 2016, the FBI has been investigating the 20 As set forth in the government's application for the All Writs 2 As Apple has stated on its web page, "Our commitment to customer privacy doesn't stop because of a government information request. Unlike our competitors, Apple cannot bypass your passcode and therefore cannot access this data. So it' s not technically feasible for us to respond to government warrants for the extraction of this data from devices in their possession running ios8." (https://web.archive.org/web/20140918023950/http://www.apple.com/priv acy/government-informaton-requests/)Notably, notwithstanding this previous statement, Apple concedes that it has retained the ability to do as the Court rde red 23 24 25 26 this Court's February 16, 2016, order is not legally necessary, in 27 stated interest in adversarial testing of the order's legal merits, 28 due process and adversarial testing it seeks Although a separate order compelling Apple' s compliance with light of Apple' s publicly stated " [o] pposing [of] this order" and its the government files this noticed motion to provide Apple with the 3](https://i.kym-cdn.com/photos/images/list/001/084/249/604.jpg "Department of Justice's court order, page 8")
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Uploaded Feb 18, 2016 at 02:41PM EST
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