The DOJ has secured a temporary pause on an order requiring it to respond to Apple’s requests for documents from 14 federal agencies, while the government appeals the ruling in its ongoing antitrust case against the company.
Background to the Dispute
A few weeks ago, Special Master Judge Jose Linares sided with Apple in its effort to obtain documents from 14 federal agencies as part of the antitrust case brought against the company by the DOJ.
Apple is seeking the records to examine how these agencies evaluate privacy and security when setting smartphone policies and making purchasing decisions. The company argues that the documents could support its case that some of the practices challenged by the DOJ are legitimate product differentiators and security safeguards, rather than anticompetitive restrictions.
The agencies named in Apple’s request include the Central Intelligence Agency, the Department of Commerce, the Department of Homeland Security, the Department of Defense, the Federal Bureau of Investigation, the Federal Trade Commission, the General Services Administration, the Department of Labor, NASA, the National Security Agency, the Office of the Director of National Intelligence, the Office of Management and Budget, the Office of Personnel Management, and the Department of State.
When Judge Linares sided with Apple, the DOJ asked him to reconsider the decision. After he rejected that request, the DOJ appealed his ruling to District Judge Julien Neals, and asked Linares to pause the discovery order while that appeal is considered.
Judge Grants Temporary Relief
In a decision issued today, Judge Linares granted the DOJ’s bid to pause the discovery order while District Judge Julien Neals considers the government’s appeal over whether it can be required to respond to Apple’s requests for documents.
Judge Linares said that although he agrees with Apple that the DOJ faces “an uphill battle” in succeeding on its appeal, that alone was not enough to deny the government’s request for a stay.
He also agreed with the DOJ’s argument that requiring the 14 agencies to undertake the “purportedly extensive amount of work” involved in responding to Apple’s requests would be “simply unfair” if Judge Neals ultimately reverses his ruling.
Judge Linares rejected Apple’s argument that pausing the decision would prejudice the company by further delaying its efforts to obtain the documents. He said the case remains “very much in the earlier phases of discovery”, and that other discovery can continue in the meantime.
What Happens Next
With the decision now stayed, Apple will have an opportunity to respond to the government’s appeal, after which the DOJ will have seven calendar days to file a reply. Judge Neals will then decide whether to uphold or reverse Judge Linares’ original discovery order.
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Image: 9to5mac.com
