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39 J.L. & Com. 157 (2020-2021)
All Powerful? How the FBI's Request of Apple to Unlock an iPhone Using the All Writs Act Fails the New York Telephone Test

handle is hein.journals/jlac39 and id is 171 raw text is: NOTES ALL POWERFUL? HOW THE FBI'S REQUEST OF APPLE TO UNLOCK AN iPHONE USING THE ALL WRITS ACT FAILS THE NEW YORK TELEPHONE TEST Alyssa Zottola* INTRODUCTION Smartphones, Alexa, Google Homes, and smart watches. All are examples of technology that are now ubiquitous in American society. As of February 2019, 81% of Americans own and use a smartphone.' However, smartphones are more than just communication devices: for many individuals, these phones contain highly personal information, ranging from daily schedules, private intimate conversations, to even health information.2 With the increasing frequency of data breaches and hacking of electronic records,3 companies are taking steps to ensure that their systems and devices are secure in an effort to maintain public trust. To protect against these breaches, technology companies use end-to-end encryption; while lauded by customers, the use of end-to-end encryption has frustrated the government in its attempts to access data from criminals' phones and other devices. With few other options, and the necessity of * JD Candidate, University of Pittsburgh, 2021; B.A. Italian Studies; B.A. History, magna cum laude, University of Pittsburgh 2018. Mobile Fact Sheet: Mobile Phone Ownership Over Time, PEW RSCH. CTR.: INFO. & TECH. (June 12, 2019), https://www.pewresearch.org/internet/fact-sheet/mobile/. 2Apple iOS Health, APPLE, https://www.apple.com/ios/health/ (last visited Jan. 13, 2021). 3 Joseph Johnson, Annual Number of Data Breaches and Exposed Records in the United States from 2005 to 1st Half 2020, STATISTA (Jan. 25, 2021), https://www.statista.com/statistics/273550/data- breaches-recorded-in-the-united-states-by-number-of-breaches-and-records-exposed/. Vol. 39, No. 2 (2021) ISSN: 2164-7984 (online) ISSN 0733-2491 (print) DOI 10.5195/jlc.2021.209 htitpl_/ic.law. ittedu 157

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