Which act provides for compelling third-party organizations to assist in court orders, as argued by the FBI to still apply?

• A. All Writs Act of 1789
• B. Patriot Act
• C. Freedom of Information Act
• D. Privacy Act

Answer: (A)

The key idea here is that courts have a broad tool to compel assistance from third parties to carry out a valid court order. The All Writs Act gives federal courts the power to issue writs that are necessary or appropriate to aid their own jurisdiction, which can include commanding third-party organizations that hold relevant information or control access to data to cooperate with the enforcement of a court order. In practice, this has been used to argue that even entities not parties to a case—such as service providers or other organizations—may be required to assist in fulfilling a court’s orders, when doing so is essential to the case.

This is distinct from the Patriot Act, FOIA, or the Privacy Act. The Patriot Act expands surveillance and investigative powers; FOIA governs access to government records; and the Privacy Act regulates how federal agencies handle personal information. None of those statutes provides the specific authority for a court to compel a third party to assist in executing a court order in the way the All Writs Act does. That is why the All Writs Act is identified as the provision the FBI has argued remains applicable for compelling third-party cooperation.