Today, Judge James Orenstein, Magistrate Judge of the US District Court for the Eastern District of New York, ruled that Apple is not required to provide the assistance requested by the FBI. Judge Orenstein explained that the All Writs Act (“AWA”) does not allow courts to act where Congress has considered but rejected to make legislation.

Judge Orenstein was mentioned in the previous article regarding Apple where we discussed the legal battle taking place in New York and highlighted some of its similarities and differences with the San Bernardino case. This New York ruling marks the second time that Judge Orenstein has ruled against the efforts of a government agency to use the AWA to force technology companies to provide assistance.

A copy of the recent order has been made available online. This ruling makes things much more interesting regarding the utility of the 227 year old law in modern (technology-driven) society. If the Magistrate Judge in the San Bernardino case maintains her earlier ruling, there is a possibility the contrasting outcomes will drive this dispute towards an epic battle in front of the US Supreme Court. One thing is certain, things are just getting started.