Apple admits it can unlock terrorist’s iPhone, prosecutors say
Tashfeen Malik, left, and her husband, Syed Farook, passed through O’Hare International Airport in Chicago in July 2014. Prosecutors argued that an Apple iPhone may contain “relevant, critical communications and data around the time” of the San Bernardino, Calif., terrorist attack and may be obtained only if the government is allowed to search the phone with Apple’s help. (U.S. Customs and Border Protection via AP, File)
SAN FRANCISCO » Apple has conceded it can write the software the FBI wants to unlock a terrorist’s iPhone, and technology providers in the past have been required to write code to comply with subpoenas and court orders, government lawyers said today.
Federal prosecutors also said in a written motion that Apple’s public statements on the matter have been misleading.
A court order demanding Apple’s compliance “does not give the government ‘the power to reach into anyone’s device’ without a warrant or court authorization,” prosecutors said in the court filing, “and it does not compromise the security of personal information.”
Instead, prosecutors contended, the software the FBI wants Apple to write would remain in the custody of Apple and the company would have flexibility in how it provides assistance.
“No one outside Apple would have access to the software required by the order unless Apple itself chose to share it,” the government said.
The motion to compel Apple’s compliance said technology providers in the past have been required to “write some amount of code to gather information in response to subpoenas.”
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The government also argued that the law can compel someone to provide something that didn’t previously exist. Prosecutors cited the case of a defendant whose computer was encrypted. He was ordered to help the government produce a copy of the unencrypted contents of the computer, the motion said.
Prosecutors also argued that the phone may contain “relevant, critical communications and data around the time” of the San Bernardino, Calif., terrorist attack and may be obtained only if the government is allowed to search the phone with Apple’s help.
The communications the FBI already has recovered from iCloud date back to a month and a half before the mass shootings, the motion said.
The legal filing portrays the dispute as a battle between the FBI’s need to know communications between terrorists who killed 14 people and injured 22 others and the desire of a company to protect its reputation.
Contending “Apple is not above the law,” prosecutors said the company was “perfectly capable of advising customers that compliance with a discrete and limited court order … is an obligation of a responsible member of the community.
“It does not mean the end of privacy.”
39 responses to “Apple admits it can unlock terrorist’s iPhone, prosecutors say”
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Anyone connected with the terrorist will have to flee the country if they have not already done so. The FBI will be calling at your doorstep to quiz you further to disclose other cohorts.
apple should have done this right away – why the publicity?
DOJ has been frothing at the mouth for years hoping for a terrorist attack to happen just so they can use it as an excuse to get their foot in the door to break AES encryption. The only ones who will lose this battle will be the public if the government gets its way. The same encryption that protects your iPhone is what stops your neighbors from surfing for illegal material on your home wifi, your bitter ex from prying into your e-mail accounts, and any other ill-meaning person who wants to steal your information.
Government is not requesting an AES backdoor, it’s asking Apple to disable the phone-wipe feature. I’m not defending the government, but I think we should be clear about what we’re talking about.
This is without question a back door. By merely creating a tool to bypass security features, Apple ensures that our government will routinely use this for literally every person that is investigated. And once our government has it, regimes that make no excuses for wanting to persecute various groups will demand it.
It’s not AES, but it is a back door and it will lead to abuse. Anyone who is for the FBI doing this should realize they are opening the door for despotic regimes to demand Apple (and then Google) to provide the keys to political oppression. And of course, people like Winston and Ronin have zero problems with this.
if you have nothing to hide then you wouldn’t have no problem with this….
Like everything the Govt Does, The if Written, software needs to be “Beta” tested then like All else would possibly (probably)”Leak” out and Hackers would get a hold of it an then F I A S C O MUCHO Hacking and Info theft in the world. Keep Blocking it APPLE ! Our Govt. is no Good at keeping Stuff SECRET
Willieboy, so you think we should grant the government even more intrusive power? Why not just install cameras and microphones in everyones’ houses? Wy not a national gun registry?
PMINZ, actually, that’s not a real concern as I understand that Apple will bypass the security and then hand over to FBI, so the FBI, at least initially, won’t have the RAM disk with custom firmware. But then again, Apple itself doesn’t have the best security either…
BUT, once Apple provides this, it’s only a matter of time before someone figures out how to replicate it. Once hackers know a potential door is open, they will eventually find it. It’s best just not to open it at all.
The argument is compelling on both sides and ultimately the courts will have to draw the line. I agree with you that any tool in the hands of the government that allows unfettered access will be abused. However, in this particular case, disabling the security code wipe feature pursuant to a court order I don’t have a problem with. I liken it to finding a safe in the closet and getting a court order to open it. Nothing unreasonable at all.
Oh, please…people are doing these right now. Everytime you’re online, you think you’re safe? I can even hack yours, if I wanted to.
Tell me how you plan on hacking iMessage.
Or are you just as ignorant as Winston on what phones do and what servers store?
“I can even hack yours, if I wanted to.”
LOL. Do it.
Something tells me that you couldn’t hack a banana tree with a machete. I double dog dare you to hack me.
Apple! Do your job as a Patriot and help. We are at WAR!
You dont understand that by Apple doing this they will open Pandora’s box to jeopardize the security of everyone’s smartphone in the future. Once this technology gets out sooner or later somebody evil will get a hold of it and before you know it people will be stealing everybody’s info because there will be no such thing as encryption technology.
Apple downloads new software on to your phone every time it updates the OS or adds a patch.
How many of those patches deliberately remove security protocals?
And once we do this, its only a matter of time before some nefarious individual figures it out. Nothing is entirely foolproof and once you open the door, you cannot close it.
And that’s not even addressing how China, Apple’s largest market will demand this to persecute political dissidents. Apple should never create this tool as it will not only be wildly abused by our own government, but used by despotic regimes to suppress their own people. Anyone who thinks this won’t get abused has not lived on the planet since 2001.
cboyd, I get the impression you have a limited understanding of operating systems and system maintenance
The ability to carry out this kind of procedure exists
There is no logic to “once we do this, its only a matter of time”
And it is not “we” it is Apple
Nothing new is invented to do this
It’s only a question of who has the ability to easily do it
Actually, Cricket, you do not appear to understand what the FBI is wanting. A custom firmware RAM disk is not just a “patch.” And once Apple creates that custom firmware RAM disk, there is no reason to assume that it will end just this one time.
Those who advocate for a police state are out in force over Apple’s defense of liberty.
I hear what you are saying, I really do. I would not advocate a police state any more than you. To me, however, using technology to identify jihadis in our midst does not reach that level. There must be a compromise. You are not soft on muslim extremists, are you?
I’m frankly far more afraid of governments and what they will do with the capacity to check previously encrypted location and text messaging. That is exactly what oppressive regimes want on people who are dissidents and journalists seeking to reveal corruption.
There is nothing to suggest that this tool will stop at terrorism. Nothing. The Patriot Act has been used to go after strip clubs avoid taxes. What’s to say that the government will not use this on literally every person that gets pulled into questioning for any reason? We’ve seen almost two decades of widespread abuse of the powers we give to the government in the name of security used in ways completely unrelated to why those powers were granted in the first place. Have we simply not learned our lesson to stop feeding the beast?
SUV makers can also admit they sell gas guzzlers, too. Beer brewery can also admit to selling a intoxicating substance. The list can go on and on.
“It does not mean the end of privacy.”
We promise. Just like PRISM didn’t do that. Just like every other program we’ve used and abused. And we’ve lied about in Congressional hearings. And that other less savory regimes have used to oppress people. Just trust us. We’re only going to do it this ONCE despite being on record for YEARS wanting backdoors into iOS. Seriously, we’re from the government and we are here to help. So don’t worry about. One time thing, we PROMISE!
And people like Winston are falling for that.
Main point: the phone doesn’t belong to the dead terrorist. It belongs to the County Agency that he worked for. He illegally used a company hardware for illegal activities. The employer has the right to ask for contents of the phone to determine whether other illegal activities or compromises have occurred. Same as you using your company computer and email for your own personal use.
Exactly, the terrorist are dead and the owner of the phone has every right to know what is on it.
In this one case… I agree with government prosecutors.
Doing otherwise would be siding with the terrorists.
the phone should be unblocked by apple to allow pin searches of the data. especially if the government owns the phone and the government secured a search warrant.
the prosecutor should not have publicized apple’s ability to disable the app for swiping memory in the event of too many incorrect pin guesses. that information should have remained confidential.
apple may have been more willing to assist in the data search if their involvement was kept out of public knowledge.
This isn’t about a single phone.
That’s what Apple wants you to believe, they’re protecting the privacy for all who buy their phones. It’s a sales pitch to sell more iphones, android is killing them on market share. There’s no reason why Apple couldn’t just extract the data for the government and turn it over. The government is not asking for possession of the software tool to unlock the phone, they just want the data.
Tim Cook should be jailed until Apple complies with the court order. Then we’ll see just how committed to privacy Apple really is.
This seems to me to have the same logic as:
“This isn’t about a single house” if you give the FBI permission to enter someone’s house, with just cause and a search warrant.
Haha, just like Hillary’s interview with Scott Pelley, “I always tried to tell the truth”. Signs of a chronic liar.
Apple has the right to tell the company to pound sand.
Comment was on kalaoa’s post. However, I did see the interview and couldn’t believe the limp follow up question. Is it just me or does Scott always look like he got his anatomy caught in his zipper 5 minutes before air time?
Just like how Trump calls Cruz a liar? If your intent is to call only a specific politician a liar then you are one of the most uninformed/ignorant persons around or is that the norm for you?
according to the president of apple or ceo, apple does not want the fbi going through the iPhone because there company protects law abiding citizens, so I guess that means that the terrorist were law abiding citizens, so good luck in getting apple to help break that code.
Then do it before others die. Apple is protecting terriorists who have lost all rights to privacy.
Almost all computer OS and programs allow for intrusion into your private life BY DESIGN. How do you think Apple, Google, MS, Amazon, Facebook, and others get info on your surfing and buying habits and specifically target ads to your shopping pattern. It is hypocritical of Apple and others to scream “privacy” while making tons of money by having the open door to your privacy when it serves their purpose but opposing it when it’s bad PR. Can’t have it both way, either protect our privacy totally or comply with FBI request. The fact is, millions of personal data are hacked into each year because these “righteous” companies built in channels for hacks to occur.