The U.S. Department of Justice has won a temporary pause on an order requiring it to respond to Apple’s requests for documents from 14 federal agencies. The pause gives the DOJ time to appeal a discovery ruling in its ongoing antitrust case against Apple.
The dispute centers on documents Apple says could help defend its iPhone privacy and security practices. Apple wants records showing how federal agencies evaluate privacy and security when choosing smartphones and establishing related policies.
Why Apple Wants The Federal Records
Apple is seeking documents from 14 agencies, including the CIA, FBI, FTC, Department of Defense, Department of Homeland Security, NASA, NSA, Department of State, and Office of Management and Budget.
The company argues that the records could support its position that some of the practices challenged by the DOJ are legitimate security and privacy safeguards rather than anticompetitive restrictions.
Special Master Judge Jose Linares previously sided with Apple and ordered the government to respond to the discovery requests. The DOJ asked Linares to reconsider that decision, but he declined.
The government then appealed to District Judge Julien Neals and asked Linares to pause the discovery order while the appeal moves forward.
DOJ Wins A Temporary Stay
Linares has now granted the DOJ’s request to pause the discovery order while Neals considers the appeal.
Although Linares indicated that the DOJ faces an uphill battle in overturning his original decision, he determined that the agencies should not be required to carry out what the government described as an extensive document search if the ruling could later be reversed.
Linares also rejected Apple’s argument that a pause would unfairly delay its access to the records. The judge noted that the case remains in the early stages of discovery and that other discovery proceedings can continue while the dispute over the 14 agencies is resolved.
The stay does not end Apple’s discovery request. It temporarily stops the government from having to comply while the appeal is considered.
Apple will now have an opportunity to respond to the DOJ’s appeal. The DOJ will then have seven calendar days to file a reply, after which Judge Neals will decide whether to uphold or reverse Linares’ original discovery ruling.
The outcome could determine whether Apple eventually gains access to the federal agency records it requested as part of its defense in the antitrust case.
