Case 1:15-mc-01902-MKB-JO Document 38 Filed 03/29/16 Page 1 of 1 PageID #: 842

U.S. Department of Justice

United States Attorney
Eastern District of New York

ZA:SK/LHE/AK
F.#2014R00236

271 Cadman Plaza East

Brooklyn, New York 11201

March 29, 2016

By Hand and ECF
The Honorable Margo K. Brodie
United States District Judge
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Re:

In re Order Requiring Apple Inc. to

Assist in the Execution of a Search Warrant
Docket Nos. 15-MC-1902, 14-CR-387

Dear Judge Brodie:

The government respectfully submits this letter in response to Apples letter
dated March 24, 2016, in which Apple requests additional time to respond to the
governments application (filed on March 7, 2016) because it lack[s] sufficient information
to determine the most appropriate way for this matter to proceed. ECF No. 37 at 2. The
government has no objection to the relief sought by Apple: The government agrees to extend
the current briefing schedule to permit Apple to file its brief on or before April 15, 2016. Id.
at 1. The government respectfully requests that the due date for its reply brief be set for
April 22, 2016. The government further agrees to update the Court by April 11, 2016, as to
whether it intends to modify its application in this matter. Id. at 2.
Respectfully submitted,
ROBERT L. CAPERS
United States Attorney
By:

cc:

All counsel of record (by ECF)

/s/
Saritha Komatireddy
Lauren Howard Elbert
Ameet Kabrawala
Assistant U.S. Attorneys
(718) 254-7000

Case 1:15-mc-01902-JO Document 1 Filed 10/08/15 Page 1 of 3 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK
IN RE ORDER REQUIRING APPLE, INC.
TO ASSIST IN THE EXECUTION OF A
SEARCH WARRANT ISSUED BY THIS
COURT

Case No.

1&MISC1902

APPLICATION

INTRODUCTION
The United States of America, by and through Kelly T. Currie, Acting United
States Attorney, and Lauren Howard Elbert, Assistant United States Attorney, hereby moves this
Court under the All Writs Act, 28 U.S.C. 1651, for an order requiring Apple, Inc. ("Apple") to
assist in the execution of a federal search warrant by bypassing the lock screen of an iOS device,
specifically, an Apple iPhone 5.
FACTS
The United States Drug Enforcement Administration ("DEA") currently has in its
possession an iOS device that is the subject of a search warrant issued by this Court. The
warrant is attached as Exhibit A. Inspection of the iOS device reveals that it is locked. Law
enforcement agents have tried to unlock the telephone but have failed. Because the iOS device is
locked, law enforcement agents are not able to examine the data stored on the iOS device as
commanded by the search warrant.
The iOS device is an iPhone 5 labeled DEA Exhibit N-67, with IMSI number
310260572923753 and telephone number (908) 463-3333.
Apple, the creator of the iOS operating system and producer of the iOS device,
may be capable of retrieving data stored on the iOS device that is not currently accessible to
DEA because the iOS device is locked. This Application seeks an order requiring Apple to use
any such capability, so as to assist agents in complying with the search warrant.

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DISCUSSION
The All Writs Act provides that "[t]he Supreme Court and all courts established
by Act of Congress may issue all writs necessary or appropriate in aid of their respective
jurisdictions and agreeable to the usages and principles oflaw." 28 U.S.C. 1651(a). As the
Supreme Court explained, "[t]he All Writs Act is a residual source of authority to issue writs that
are not otherwise covered by statute." Pennsylvania Bureau ofCorrection v. United States

Marshals Service, 474 U.S. 34, 43 (1985). "The power conferred by the Act extends, under
appropriate circumstances, to persons who, though not parties to the original action or engaged in
wrongdoing, are in a position to frustrate the implementation of a court order or the proper
administration of justice ... and encompasses even those who have not taken any affirmative
action to hinder justice." United States v. New York Tel. Co., 434 U.S. 159, 174 (1977).
Specifically, in United States v. New York Tel. Co., the Supreme Court held that the All Writs
Act permitted district courts to order a telephone company to effectuate a search warrant by
installing a pen register. Under the reasoning of New York Tel. Co., this Court has the authority
to order Apple to use any capabilities it may have to assist in effectuating the search warrant.
The government is aware, and can represent, that in other cases, courts have
ordered Apple to assist in effectuating search warrants under the authority of the All Writs Act.
Additionally, Apple has complied with such orders.
The requested order would enable agents to comply with this Court's warrant
commanding that the iOS device be examined for evidence identified by the warrant. Examining
the iOS device further without Apple's assistance, if it is possible at all, would require significant

Case 1:15-mc-01902-JO Document 1 Filed 10/08/15 Page 3 of 3 PageID #: 3

resources and may harm the iOS device. Moreover, the order is not likely to place any
unreasonable burden on Apple.
Respectfully submitted;

Lauren Howard Elbert

Assistant United States Attorney
718-254-7577

Date: October 8, 2015

Case 1:15-mc-01902-MKB-JO Document 1-1 Filed 10/08/15 Page 1 of 2 PageID #: 4

IN THE UNITED STATES DISTRICT COURT

FOR EASTERN DISTRICT OF NEW YORK
IN RE ORDER REQUIRING APPLE, INC.
TO ASSIST IN THE EXECUTION OF A
SEARCH WARRANT ISSUED BY THIS
COURT

ORDER

Before the Court is the Government's motion for an order requiring Apple, Inc.
{"Apple") to assist law enforcement agents in the search of an Apple iOS device. Upon
consideration of the motion, and for the reasons stated therein, it is hereby
ORDERED that Apple assist law enforcement agents in the examination of the iPhone 5
labeled DEA N-67 with IMSI number 310260572923753 and telephone number (908) 463-3333.
(the "IOS Device"), acting in support of a search warrant issued separately by this Court;
FURTHER ORDERED that Apple shall provide reasonable technical assistance to enable
law enforcement agents to obtain access to unencrypted data ("Data") on the iOS Device.
FURTHER ORDERED that, to the extent that data on the iOS Device is encrypted,
Apple may provide a copy of the encrypted data to law enforcement, but Apple is not required to
attempt to decrypt, or otherwise enable law enforcement's attempts to access any encrypted data;
FURTHER ORDERED that Apple's reasonable technical assistance may include, but is
not limited to, bypassing the iOS Device user's passcode so that the agents may search the iOS
Device, extracting data from the iOS Device and copying the data onto an external hard drive or
other storage medium that law enforcement agents may search, or otherwise circumventing the
iOS Device's security systems to allow law enforcement access to Data and to provide law
enforcement with a copy of encrypted data stored on the iOS Device;

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FURTHER ORDERED that although Apple shall make reasonable efforts to maintain the
integrity of data on the iOS Device, Apple shall not be required to maintain copies of any user
data as a result of the assistance ordered herein; all evidence preservation shall remain the
responsibility of law enforcement agents.
Signed,

THE HON. JAMES ORENSTEIN

UNITED STATES MAGISTRATE JUDGE
Date: October 8, 2015