All Writs Act

In a later similar case, the Second Circuit denied relief, because an All Writs preliminary injunction should issue only if the FTC can show that "an effective remedial order, once the merger was implemented, would otherwise be virtually impossible, thus rendering the enforcement of any final decree of divestiture futile."

[9] The U.S. Government has revived the All Writs Act in the 21st century, notably to gain access to password-protected mobile phones in domestic terrorism and narcotics investigations.

[13][14] On February 16, 2016, the Act was invoked again in an order that Apple Inc. create a special version of its iOS operating system, with certain security features removed, for Federal law enforcement officers to use as part of an investigation into the 2015 San Bernardino terrorist attack.

[15] The head of the FBI stated that what was requested was that Apple disable the iPhone's feature which erases encrypted data on the device after ten incorrect password attempts.

[19] On March 20, 2017, the Court of Appeals for the Third Circuit stated that a decryption order issued under the Act did not violate the Fifth Amendment privilege against self-incrimination if the contents of a hard drive were a "foregone conclusion.

"[20] In court filings, Apple has argued that Congress has established guidelines for what is required of private entities in such circumstances in the Communications Assistance for Law Enforcement Act of 1992 (CALEA).

On February 29, 2016, Magistrate Judge James Orenstein issued an order denying the government's request in its effort to decrypt an iPhone for admission as evidence.