In 2016 the United States Department of Justice and Apple twice went to federal court over whether Apple could be required to assist the government in unlocking cell phones used by persons under investigation for criminal conduct. One case involved access to an iPhone used by one of the persons responsible for the mass shootings in San Bernardino, California. Another case involved an iPhone seized from a narcotics trafficking suspect in Brooklyn, New York. In both cases, however, the litigations were terminated as moot without final resolution when the government was able to access the iPhones in question without Apple’s assistance. Once again, however, the government and Apple are at odds — this time over access to iPhones used by a Saudi military trainee who in 2019 killed three sailors at a Navy base in Pensacola, Florida. What is the basis for compelling a third party to assist the government in its criminal investigations in accessing encrypted communications using its platforms? What are the key legal and policy issues at stake in this controversy? Joseph V. DeMarco of DeVore & DeMarco LLP, who filed amicus briefs in the 2016 litigations on behalf of various law enforcement organizations in support of the government, and who previously prosecuted cybercrime as an Assistant United States Attorney in the Southern District of New York, will explore these issues and offer perspectives on the implications of this crucial debate for national security as well as for criminal and civil litigations in state and federal court.

Featuring:
-- Joseph V. DeMarco, Partner, DeVore & DeMarco LLP