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THE ALL WRITS ACT IN THE DIGITAL AGE: 1789 MEETS THE IPHONE
In 1789, Congress enacted the All Writs Act (AWA), codified at 28 U.S.C. § 1651, granting federal courts the authority to issue "all writs necessary or appropriate in aid of their respective jurisdictions." The statute was designed as a tool for courts to issue orders not otherwise provided for by existing law. Today, the AWA has become a contested instrument of the federal government, used for compelling technology companies to assist in criminal investigations. A gap-filling statute from the founding era has become the government's go-to tool for cracking open encrypted smartphones.

