As has been widely reported, on Feb. 16, 2016, Magistrate Judge Pym in the Central District of California entered an order, pursuant to the All Writs Act (AWA), compelling Apple Inc. to assist the government in unlocking an iPhone found in the possession of one of the shooters in the San Bernardino attack. Judge Pym concluded her order by stating:
To the extent that Apple believes that compliance with this Order would be unreasonably burdensome, it may make an application to this Court for relief within five business days of receipt of the Order.
Courts have found that an unreasonable burden may be shown when an order causes a “disruption” in a targeted company’s operations. Apple has chosen to invest substantial time, effort and money into building the infrastructure and telling its customers that the encryption on their iPhones makes those phones impossible for hackers, or prying government eyes, to penetrate. According to Apple, Judge Pym’s order will undermine this claim and disrupt its business operations. This potential disruption to Apple’s existing business may create an unreasonable burden on the company and provide a vehicle for it to challenge the order.
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