Some really good perspective on where Apple / FBI go from here from David Sparks, who is a lawyer:
Several times over the course of my legal career, I’ve either had cause to delay a hearing on motion or had opposing counsel do the same. While nothing I have ever worked on has the sex appeal of the FBI vs. Apple, I can tell you that sometimes the reason for the delay is because one party thinks they’re losing and want some time to either get additional evidence or find some other way out.
With the FBI vs. Apple matter, the stakes are very high in terms of public relations and important but probably not as high in terms of legal precedent. A federal magistrate judge is a pretty important person but also at the bottom of the federal precedent pecking order. I’ve had a lot of people write me asking if they think this delay was the result of reconsideration at the FBI and my answer would be, “quite possibly”.
I don’t talk about it at MacSparky much but I served as a judicial extern for a federal judge a long time ago and spent some time in the trenches. That got me thinking about where this is all heading.
One point I think is generally missed by the tech press is that no matter what happens with the magistrate judge or, for that matter, the next judge on the next case, this issue will not get resolved for some time. An issue this big is going to work its way up through the Court of Appeals. Both Apple and the government know that and I suspect everybody is in it for the long haul.
Some really good perspective on where Apple / FBI go from here from David Sparks, who is a lawyer so he knows his stuff on this..
Ultimately, I believe this question as to whether or not the government can force access into our mobile devices has to be decided by the Supreme Court. Until then, a great cloud will hang over this entire issue and for the next few years I’m guessing we will see lots of ink spilled on this issue. Put simply, even if the FBI backs down on the San Bernardino case, this issue is hardly over for any of us, including Apple.