New House Bill Would 'Clarify' That All Writs Act Doesn't Apply to Encryption

A new House bill would amend the All Writs Act so it doesn't apply to encryption, taking aim at FBI use of the 1789 statute as a way to force Apple to help the bureau gain access to an iPhone used by one of the San Bernardino, California, mass shooters. "Contrary to the FBI’s assertion, should they get their way, the safety and security of everyday Americans’ data will be compromised. We cannot allow this to happen," said Rep. Matt Salmon, R-Ariz., who introduced HR-4839 Wednesday, in a statement. The bill, called the Protect Our Devices Act, would "clarify that the text of the All Writs Act .. does not apply to encryption," the release said. Federal Magistrate Sheri Pym of the U.S. District Court in Riverside, California, granted DOJ a postponement of a hearing Tuesday when both Apple and the government were going to argue whether the company could be forced to help the FBI under the 18th century law (see 1603220009). Citing an Israeli newspaper, Reuters reported Wednesday that a company called Cellebrite is now helping the FBI try to get access to the phone, which is the reason the government sought a delay. That company didn't immediately comment to us.