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Justice Department asks for higher judge to hear New York iPhone case

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A man displays a protest message on his iPhone at a small rally in support of Apple's refusal to help the FBI access the cell phone of a gunman involved in the killings of 14 people in San Bernardino, in Santa Monica, California, United States, February 23, 2016. REUTERS/Lucy Nicholson

WASHINGTON (Reuters) - The U.S. Justice Department on Monday resubmitted its case for Apple to unlock an encrypted iPhone belonging to a drug offender to a judge in the Eastern District of New York.

A magistrate judge previously sided with Apple, ruling that the Justice Department could not use a law known as the All Writs Act to compel the tech giant to unlock the phone.

The government and Apple are fighting a similar case in California, where a judge ordered Apple to unlock a phone belonging to the San Bernardino shooter, but Apple has protested.

(Reporting by Julia Edwards; Editing by Tom Brown)

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