U.S. Gov't Orders Apple to Backdoor iPhone

What might happen if Apple loses and still refuses to comply. what are the various "punishments" that could be imposed on the company or Tim cook?

Discovery requests served upon corporate entities are addressed to "The Person Most Knowledgeable." Some human being has to sign the discovery responses "under penalty of perjury." My best guess is that any court order would be directed at both the corporation and the individual. If there is non-compliance, the corporation can be fined; and worst-case-scenario, the individual could be found in contempt and jailed until there is compliance. :hammer:
 
Last I heard, Apple was petitioning to the Court of Appeals for a writ blocking the order. If the trial court hasn't already stayed its order pending the outcome of the writ petition, then the Court of Appeals certainly would have.

One thing I noticed in the 20 years I worked for a trial court: The thicker the petition for a writ, the quicker it will be denied. Apparently, Apple's petition is huge, and so it's deader than a duck in your supermarket's freezer. :thumbsdown:

:nono: A bullet is deadlier than a marshmallow.

I didn't see that. Why would they petition the appellate court before they responded to and were denied by the issuing court? They only responded today, and bullet or marshmallow it is going to take some amount of time for their request to be denied. I can see them sending a "this may be coming your way" copy to the appeals court, but not an actual request.

At any rate, with congressional hearings on the subject being opened the courts may very well just table the whole case pending legislation. That should take about five years.
 
I didn't see that. Why would they petition the appellate court before they responded to and were denied by the issuing court?

I could be off base here. I'm used to state court, not federal court, and I haven't been following this dispute closely. :blush:

Oh wait, wait, wait! I'll bet there is no trial court order yet.

The most recent law I know of allowed a party's attorney to issue a subpoena, requiring a third-party to respond to discovery requests. Failure to do so, can result in the trial court holding the 3rd party in contempt.

It that 3d-party objects, they file a motion to quash the subpoena with the trial court. I'll bet this motion to quash is the "reply" everyone is talking about.
 
I could be off base here. I'm used to state court, not federal court, and I haven't been following this dispute closely. :blush:

Oh wait, wait, wait! I'll bet there is no trial court order yet.

The most recent law I know of allowed a party's attorney to issue a subpoena, requiring a third-party to respond to discovery requests. Failure to do so, can result in the trial court holding the 3rd party in contempt.

It that 3d-party objects, they file a motion to quash the subpoena with the trial court. I'll bet this motion to quash is the "reply" everyone is talking about.

I don't think so. I've seen the text of the actual order...not a subpoena...

There isn't any trial court, or anything based on discovery I don't think. The order is a result of a petition for assistance in an anti-terrorism investigation or some such. There doesn't appear to be anyone to put on trial at this point, with the known suspects being dead.
 
:help: I need to shut up. There's some procedure in federal court going on here that I am unfamiliar with.

I am confident that you could catch up if you made the effort, but I doubt that it would really be worth it. As is often the case when federal law enforcement is in action it is more show than go anyway.

The mechanism in play here is that the FBI has hot and cold running judges on tap to issue orders on demand so they don't actually even have to be investigating anything in particular to have their requests turn into "court orders."
 
Discovery requests served upon corporate entities are addressed to "The Person Most Knowledgeable." Some human being has to sign the discovery responses "under penalty of perjury." My best guess is that any court order would be directed at both the corporation and the individual. If there is non-compliance, the corporation can be fined; and worst-case-scenario, the individual could be found in contempt and jailed until there is compliance. :hammer:

That seems a bit over the top in this case as the original court order is simply about the FBI seeking information (after failing to obtain it by itself). And as far as I understand, it's the information seeking (coupled by a desired breach of Apple's own security by Apple) which Apple is objecting to.
 
Can the US complain when they are taking action against Apple

From Guardian

In the latest clash between a US internet company and Brazilian law enforcement authorities, police in São Paulo have detained the regional vice-president of Facebook for failing to provide information requested by a criminal investigation.

Diego Dzodan was taken into custody at Garulhos airport on Tuesday and is now being questioned about Facebook subsidiary WhatsApp’s alleged non-compliance with a court order.

http://www.theguardian.com/technolo...ook-latin-america-vice-president-diego-dzodan
 
It's a private company. Why would the US complain if they haven't even decided yet if such a company should comply with a court order to that effect in the US?

Why there was a court order in the first place:

F.B.I. Error Locked San Bernardino Attacker's iPhone

http://www.nytimes.com/2016/03/02/t...column-region&region=top-news&WT.nav=top-news

Meanwhile on a similar court order

Apple Wins Ruling In New York iPhone Hacking Order

http://www.nytimes.com/2016/03/01/t...york-iphone-hacking-order.html?ref=technology

And FBI director James B. Comey admits in a Congressional hearing that the court order case to unlock an apple iPhone 'may be a precedent ' for similar cases.

Well, obviously. Otherwise there wouldn't be any need for a Congressional hearing about it.
 
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