Technology
Special master upholds ruling allowing Apple to seek federal agency records in antitrust lawsuit
A special master rejected a Department of Justice request to reconsider an order granting Apple access to documents from 14 federal agencies.
The short version
- Special Master Jose Linares rejected a Department of Justice motion to reconsider his ruling allowing Apple to seek documents from 14 federal agencies.
- Apple is seeking the records to support its defense in an ongoing antitrust lawsuit, arguing that challenged practices serve as security and privacy safeguards.
- Linares concluded that federal agencies are part of the United States for party discovery purposes rather than protected third parties under Rule 45.
Key facts
- Special Master Jose Linares denied a Department of Justice motion to reconsider a prior decision permitting Apple to obtain records from 14 federal agencies in the ongoing antitrust case.[9to5Mac]
- The agencies targeted by Apple's discovery effort include the CIA, Department of Defense, FBI, FTC, NASA, NSA, and Department of State.[9to5Mac]
- Apple is pursuing the documents to examine how federal entities evaluate privacy and security when adopting smartphone policies and making procurement decisions.[9to5Mac]
- The Department of Justice argued the requests were burdensome, disproportionate, had limited relevance, and that the special master applied an incorrect legal standard under Rule 45.[9to5Mac]
- Linares determined that the federal agencies represent part of the United States for party discovery rather than non-party third parties under Rule 45.[9to5Mac]
What remains uncertain
- It remains unstated whether the Department of Justice will further appeal the special master's discovery ruling or how quickly the agencies must produce the requested documents.[9to5Mac]