Skip to main content

Apple's iPhone encryption battle with FBI extends beyond one case

Apple is battling the US government over unlocking devices in at least 10 cases in addition to its high-profile dispute involving the iPhone of one of the San Bernardino attackers, court documents show.

The existence of other court fights supports Apple's argument that the legal case in California is about more than a single iPhone.

Apple provided a list of cases where it is opposing the US Justice Department's requests in a February 17 letter to a federal judge in Brooklyn, where the company is challenging government efforts to access an iPhone in a drug trafficking case.

The letter said the requests sought Apple's assistance under the All Writs Act, a 1789 law which allows the courts broad authority to help law enforcement.

"Apple has not agreed to perform any services on the devices to which those requests are directed," Apple's lawyer Marc Zwillinger said in the letter.

The letter said the cases were "similar in nature" but did not provide specifics about the government's requests.

It said the San Bernardino case was "even more burdensome" than the other requests because it would require the company to create new software to help investigators break into the iPhone.

Apple has been locked in a legal and public relations battle with the government in the California case, where the FBI is seeking technical assistance in hacking the iPhone of Syed Farook, a US citizen, who with his Pakistani wife Tashfeen Malik in December gunned down 14 people.

'Inconsistent' stand
In the Brooklyn case, prosecutors responded to the Apple letter with their own filing, claiming that the company's position has been "inconsistent at best."

"Apple did not file objections to any of the orders, seek an opportunity to be heard from the court, or otherwise seek judicial relief," the letter said.

"In most of the cases, rather than challenge the orders in court, Apple simply deferred complying with them, without seeking appropriate judicial relief."

The letter from US Attorney Robert Capers said that "numerous judges around the nation have found it appropriate, under the All Writs Act, to require Apple to assist in accessing a passcode-locked Apple device where law enforcement agents have obtained a warrant to search that device."

Apple's letter to the Brooklyn judge cited nine additional cases in New York, California, Illinois and Massachusetts where the government was seeking assistance in accessing iPhones or iPads.

The Wall Street Journal, which reported the existence of the cases earlier Tuesday, said those apart from the one in San Bernardino were not terrorism-related.

Apple said Monday it supports the idea of a panel of experts to consider access to encrypted devices if US authorities drop their legal battle.

"Apple would gladly participate in such an effort," the company said.

The Apple response came after FBI Director James Comey explained the government's position, saying it was about "the victims and justice" in the San Bernardino attack, whose perpetrators are believed to have been inspired by the Islamic State group.

"We don't want to break anyone's encryption or set a master key loose on the land," Comey said in a posting that appeared on the Lawfare blog and on the FBI website.

"The San Bernardino litigation isn't about trying to set a precedent or send any kind of message," Comey said. "It is about the victims and justice."

A poll by the Pew Research Center survey found 51 percent of respondents supported the effort to require Apple to help unlock the iPhone, while 38 percent said Apple should not unlock the phone to ensure the security of its other users. Eleven percent did not offer an opinion.

Popular posts from this blog

Virtual reality set to transform filmmaking

Chris Milk stepped onto a TED Conference stage and took the audience on an awe-inducing trip into the future of movies. While much of the early attention on virtual reality has focused on use of the immersive technology in video games, Milk and his US startup Vrse are using it to transform storytelling and filmgoing. "We have just started to scratch the surface of the true power of virtual reality," Milk said. "It's not a video game peripheral. It connects humans to other humans in a profound way... I think virtual reality has the potential to actually change the world." He had everyone in the Vancouver audience at TED , which ended Friday, hold Google Cardboard viewers to their eyes for what was billed as the world's collective virtual reality experience. Google Cardboard gear is literally that -- cardboard

10 Smartphones with Features that You Won't Find in Any Other Phone

Here’s a list of phones which are first-of-their-kind. From feature phones to smartphones, flat screen to curved, fragile to shatterproof, mobile phones have evolved over the years. Although many industry analysts would like to call the current level of innovation reaching a stagnation point, there still are some manufacturers which have been able to surprise consumers by truly packing something different in their smartphones. We have compiled a list of phones which offer first-of-its-kind features, and they are not merely concepts. 1. Motorola X force - Shatterproof display Display today is the most vulnerable yet the most neglected element in modern smartphones. But Motorola finally paid heed to the fragile screen with the launch of the the Motorola X Force – the world’s first smartphone with a shatterproof display. The phone uses the Moto ShatterShield display technology, which is said to be an integrated system consisting of five layers designed from material...

10 years of Twitter: Key milestones in the micro-blogging site's decade-long history

Over its 10-year history, Twitter has marked numerous world events and created its own unique moments. Here are a few key milestones in Twitter history: just setting up my twttr — Jack (@jack)  March 21, 2006 March 2006:  Twitter co-founder Jack Dorsey (@jack) sent the first tweet, an automated message saying "just setting up my twttr." That same day, he sent the first live tweet, "inviting coworkers." Arrested — James Buck (@jamesbuck)  April 10, 2008 April 2008:  US university student James Buck (@jamesbuck) got off a one-word tweet "Arrested" after being taken into custody by Egyptian authorities at an anti-government protest in that country. In what is seen as an early demonstration of the power of Twitter to rally people to a cause, the resulting outcry prompted authorities to quickly restore his liberty. He proclaimed his release in a tweet reading "Free." http://twitpic.com/135xa - There's a plane in the Hudson. I'm ...