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Apple to fight order to help FBI unlock shooter’s iPhone

ASSOCIATED PRESS / 2015

Apple CEO Tim Cook at IBM Watson headquarters, in New York.

WASHINGTON >> Apple Inc. CEO Tim Cook says his company will fight a federal magistrate’s order to help the FBI hack into an encrypted iPhone belonging to one of the San Bernardino, California shooters. The company said that could potentially undermine encryption for millions of other users.

Cook’s response, posted early Wednesday on the company’s website, set the stage for a legal fight between the federal government and Silicon Valley with broad implications for conflicts over digital privacy and national security.

U.S. Magistrate Judge Sheri Pym had ordered Apple to help the FBI break into an iPhone belonging to Syed Farook, one of the shooters in the Dec. 2 attack that killed 14 people. Farook and his wife, Tashfeen Malik, died in a gun battle with police.

The ruling by Pym, a former federal prosecutor, requires Apple to supply software the FBI can load onto Farook’s county-owned work iPhone to bypass a self-destruct feature that erases the phone’s data after too many unsuccessful attempts to unlock it. The FBI wants to be able to try different combinations in rapid sequence until it finds the right one.

The Obama administration has embraced stronger encryption as a way to keep consumers safe on the Internet but has struggled to find a compelling example to make its case.

Cook said “this moment calls for public discussion, and we want our customers and people around the country to understand what is at stake.” He argued that the order “has implications far beyond the legal case at hand.” He said it could undermine encryption by using specialized software to create an essential back door akin to a “master key, capable of opening hundreds of millions of locks.”

“In the wrong hands, this software — which does not exist today — would have the potential to unlock any iPhone in someone’s physical possession,” Cook wrote. “The FBI may use different words to describe this tool, but make no mistake: Building a version of iOS that bypasses security in this way would undeniably create a back door. And while the government may argue that its use would be limited to this case, there is no way to guarantee such control.”

Federal prosecutors told Pym that they can’t access Farook’s work phone because they don’t know his passcode and Apple has not cooperated. Under U.S. law, a work phone is generally the property of a person’s employer. The magistrate judge told Apple in Tuesday’s proceeding to provide an estimate of its cost to comply with her order, suggesting that the government will be expected to pay for the work.

Apple has provided default encryption on its iPhones since 2014, allowing any device’s contents to be accessed only by the user who knows the phone’s passcode. Previously, the company could use an extraction tool that would physically plug into the phone and allow it to respond to search warrant requests from the government.

The magistrate’s order requires that the software Apple provides be programmed to work only on Farook’s phone, and said Apple has five days to notify the court if it believes the ruling is unreasonably burdensome.

It was not immediately clear what investigators believe they might find on Farook’s work phone or why the information would not be available from third-party service providers, such as Google or Facebook, though investigators think the device may hold clues about whom the couple communicated with and where they may have traveled.

The phone was running the newest version of Apple’s iPhone operating system. It was configured to erase data after 10 consecutive unsuccessful unlocking attempts. The FBI said that feature appeared to be active on Farook’s iPhone as of the last time he performed a backup.

Farook and Malik took pains to physically destroy two personally owned cell phones, crushing them beyond the FBI’s ability to recover information from them. They also removed a hard drive from their computer; it has not been found despite investigators diving for days for potential electronic evidence in a nearby lake.

Farook was not carrying his work iPhone during the attack. It was discovered after a subsequent search.

The judge didn’t spell out her rationale in her three-page order, but the ruling comes amid a similar case in the U.S. District Court for the Eastern District of New York.

Investigators are still working to piece together a missing 18 minutes in Farook and Malik’s timeline from that day. Investigators have concluded they were at least partly inspired by the Islamic State group; Malik’s Facebook page included a note pledging allegiance to the group’s leader around the time of the attack.

12 responses to “Apple to fight order to help FBI unlock shooter’s iPhone”

  1. cholo says:

    if the government gets their way all current iphone users who value any semblance of privacy should really consider getting rid of their iphone. this “software” will open the floodgates for hackers to feast on easy prey.

    • Cricket_Amos says:

      The request is coming from the owner of the phone (SB county owns the phone, it is a work phone).
      This seems to be a little different from unlocking phones of users without their permission.

      • mikethenovice says:

        The only hacked phone that makes headlines are the ones who got the owner’s permission. The rest of the hacked phones were done without the owner’s permission.

      • choyd says:

        The request is for Apple to build a backdoor into every phone it sells.

        And now Trump is blasting Apple for refusing to give in and install Big Brother.

        No to Trump and no to any software backdoors.

  2. noheawilli says:

    How is it that we are relying on Apple to protect our privacy from the government and not the other way around?

    • choyd says:

      Because a private company like Apple (who fyi, for years has sold your information on its advertising network, iAd, contrary to the beliefs of the Apple zealots) has an interest in creating an aura that it protects your personal information. To be fair, Google does this as well with some information you don’t necessarily want shared.

      The government though, especially in times of perceived threats tend to veer far off the path of privacy. And only Sanders and Gary Johnson (GO JOHNSON!) are left in the political presidential arena who have any beliefs to get us back on that path. None of the GOP candidates will steer the ship away from big brother. And Hillary, hahaha, she’d love to have big brother for everyone but herself.

  3. mikethenovice says:

    If Apple is successful in hacking their own iPhone, that will show the public that the phone is venerable. Best to act like you are hacking the phone, and replying that it is not possible.

  4. AhiPoke says:

    I believe that governments are inherently corrupt as are many government employees. The name Lois Lerner comes to mind. I also value my privacy. Having stated this, I lean towards agreeing with this judge to force Apple to help the FBI in breaking into the phones of terrorists. Obviously there needs to be safeguards in place to try and prevent inappropriate activity. When I consider the fact that these terrorists are intent on killing as many people as they can I believe we need to use as many tools as we have to try to prevent that from happening.

    • choyd says:

      Wait, so terrorists kill a few people and literally billions of people all have to give in to big brother and compromise our freedoms and privacy, but 10,000 people get killed by guns in America and that’s just the “price of freedom? and we should do literally nothing to stop that?

      Kind of bat**** loony there isn’t it?

      We already know that safeguards mean nothing regardless of party. No. Big. Brother.

  5. Tempmanoa says:

    Blame the Republicans for this one. Just because under Obama, the NSA continued its program of preserving phone and electronic communications of potential terrorists which began under Bush, the Republicans joined the ACLU in weakening encryption laws and the NSA after revelations by Snowden.

    • PMINZ says:

      Are you acting or really that un intelligent? Once a ” back door” is programmed or a hack to get into a system it will get into all rhe evil Hackers hands, that is fact of past history. Been in computing since computers were ROOM SIZED.

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