united-states software privacy constitutional-law hacking
In Apple&#39;s Case, Under the All Writs Act - What does &quot;Judicial Tools&quot; Available Mean?
<h1>Question:</h1>

<p>Under the <a href="https://www.law.cornell.edu/uscode/text/28/1651" rel="nofollow noreferrer">All Writs Act, 28 U.S. Code § 1651 - Writ</a>s, it appears that it can only be invoked IF AND ONLY IF there are no other "Judicial Tools Available" -- What does this mean?</p>

<ol>
<li>In Apple's Case: If there are several "Alternative Methods" to attempt to hack the device -- would the All Writs Act still apply in this case?</li>
<li>Can the All Writs Act still be invoked if the most efficient method is not available, but other less efficient methods are available?</li>
</ol>

<h1>Context:</h1>

<p>In the case of the Court's order to Apple to provide digitally signed -- custom firmware:</p>

<p>In the "Information Security Stack Exchange", it is suggested that the FBI could attempt to decrypt the iPhone in question using other means, (<a href="https://security.stackexchange.com/questions/114897/apples-open-letter-they-cant-or-wont-backdoor-ios/114954#114954">Stack Link to the Issue</a>).</p>

<p><a href="https://en.wikipedia.org/wiki/All_Writs_Act" rel="nofollow noreferrer">Wikipedia's All Writs Act article</a> suggests, (<a href="http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-83-1-Portnoi.pdf" rel="nofollow noreferrer">referencing this paper</a>) that the All Writs Act can only be invoked IF AND ONLY IF the threshold Burden of Proof is met -- that there are no other "judicial tools" available.</p>

<p>Does this mean "no other judicial orders, or laws" -- or does it mean "No other alternate means to accomplish the task"?</p>

<p>That's not correct. The All Writs Act authorizes the courts to issue all writs recognized at common law. These writs are used all the time by the courts. However, with a few exceptions, they are rarely referred to using the name of the writ.</p>

<p>We use the name Writ of Certiorari and Writ of Habeas Corpus.</p>

<p>We rarely use the name Writ of Error or Writ of Injunction, even though we are invoking the writ.</p>

<p>The power from the All Writs Act is invoked all the time by the courts.</p>
