Apple Fights Government Demand to Unlock iPhone in New York Drug Case

Discussion in 'Politics, Religion, Social Issues' started by MacRumors, Apr 15, 2016.

  1. MacRumors macrumors bot


    Apr 12, 2001

    Following the U.S. Department of Justice's decision to dismiss its lawsuit against Apple after it managed to access the iPhone 5c of San Bernardino shooter Syed Farook, the agency announced its intention to continue on with a similar New York lawsuit where it is attempting to get Apple's help to breach an iPhone 5s used in a drug case.

    In a filing this afternoon, Apple again refused to help the DOJ gain access to the device in question and asked the judge to dismiss the lawsuit, claiming the government has not proven that it has exhausted all other means of getting the data. There are specific references made to the San Bernardino case, where the FBI did manage to find another way into the iPhone without involving Apple. Via The Wall Street Journal:
    According to Apple, the FBI has not adequately demonstrated that the method it used to gain access to the iPhone 5c used by Syed Farook does not work on the Brooklyn iPhone 5s. Apple also argues the FBI has not proven it has consulted with the third party that helped with the San Bernardino iPhone or other third parties that could provide assistance.


    In late February, U.S. Magistrate Judge James Orenstein ruled the FBI lacked the legal authority to force Apple to breach the New York iPhone, but the U.S. Justice Department filed a formal appeal in early March in an effort to turn over the ruling, which is what Apple is responding to with today's filing.

    In the New York case, which dates back to October 2015, the FBI is aiming to access data on an iPhone 5s belonging to Brooklyn drug dealer Jun Feng. While the FBI employed the help of "professional hackers" to access the iPhone 5c in the California case, FBI Director James Comey has said the method used to gain entry to that device does not work on the iPhone 5s or later.

    The iPhone 5s in question is running an earlier version of iOS (iOS 7) that Apple does have the means to access, but Apple is refusing to do so after taking a stronger stance on encryption and customer privacy. While Apple can obtain data from that particular iPhone 5s, it does not have the means to do so on devices running iOS 8 or iOS 9 due to a change in its encryption methods.

    Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

    Article Link: Apple Fights Government Demand to Unlock iPhone in New York Drug Case
  2. zorinlynx macrumors 601


    May 31, 2007
    Florida, USA
    That's it, folks. The government is going to keep trying and trying and trying until they get their way and set a precedent, or manage to ram laws through and ruin the security of our devices forever.

    They've made it clear they want to do this. I just hope we can hold things off for as long as possible.
  3. Crosscreek macrumors 68030


    Nov 19, 2013
  4. KALLT macrumors 601

    Sep 23, 2008
    Are they trying to get the FBI to disclose the method? :)
  5. jerwin macrumors 68000

    Jun 13, 2015
    A smart strategy.
  6. nt5672 macrumors 68000

    Jun 30, 2007
    The minute we don't have one of these stories each week is the week that we know Apple was issued a secret order to do something. Wonder how many weeks it will take.
  7. white4s macrumors 65816

    Nov 15, 2011
    New Jersey
    i'll never believe a word this miserable, ****** government of ours says
  8. JamesPDX Suspended


    Aug 26, 2014
  9. thelookingglass macrumors 68000

    Apr 27, 2005
    Be glad you've got our government and not one of the others.
  10. nt5672 macrumors 68000

    Jun 30, 2007
    And if we don't get pissed and up in arms with the stuff our government does do, then we will turn into the other 2-bit dictatorships.
  11. Nikos macrumors 68000


    Nov 20, 2008
    New York
    Why don't they just pay $15k to have this one unlocked as well? :rolleyes:
  12. Rhonindk macrumors 68040


    The DOJ should have known this would be one the items Apple would use for this appeal and any other future requests. "Show proof you cannot get it done any other way."
    Sometimes I have to really wonder what we have in the DOJ.
  13. goobot macrumors 603


    Jun 26, 2009
    long island NY
    It says why in the article.
  14. Benjamin Frost Suspended

    Benjamin Frost

    May 9, 2015
    London, England
    Apple should not need to defend themselves full stop.

    It is wrong for any government to break into a phone with Apple's help. I regard any attempt by the US government to do so as criminal and hold them to account. Anyone found guilty of attempting to break into a phone on behalf of the government should be stripped of their duties and imprisoned. They will have a criminal record for the rest of their life.
  15. GrumpyMom macrumors 604


    Sep 11, 2014
    Seriously. It's almost like the government expects Apple to allocate a whole department of resources just to help law enforcement, to sort of be their personal locksmith. But will they compensate Apple? No. They're just strong arming them.
  16. Rocketman macrumors 603


    FEDGOV has arbitrary and capricious rulemaking authority with very limited judicial overview. Research my words.

    --- Post Merged, Apr 15, 2016 ---
    The standard of conduct in law is you cannot conscript a person, natural or corporate, to do your bidding even if you pay them a fee, but espicially if you do not. Citizen rights are presumed not bestowed or granted by FEDGOV!!
  17. Glideslope macrumors 603


    Dec 7, 2007
    A quiet place in NY.
    I think we all know the solution to this Orwellian State. Do we have the commitment, courage, and resources to take what is ours? That is the question. :apple:
  18. vpndev macrumors 6502

    May 11, 2009
    Actually, yes. The San Bernardino court order explicitly says that the FBI has to pay Apple for its help.
    --- Post Merged, Apr 15, 2016 ---
    On a more general note, Apple is pushing back against the FBI's appeal of Judge Orenstein's denial.

    But we need to be careful that the FBI does not get to vacate that ruling. It's a major step in the right direction - a well-reasoned critique of the FBI's position. It would be terrible if the FBI managed to get it withdrawn.
  19. Mums Suspended


    Oct 4, 2011
  20. LovingTeddy macrumors 65816


    Oct 12, 2015
    So Apple is admitting that there are ways to get the data and FBI can figure it out by themselves. Apple know there is way and refuse to help law enforcement.

    So it turns out iPhone is not that secure and Apple want to help criminals. It is just Apple is pretending they care about your data, it is all perfect PR stunt
  21. PBRsg macrumors 6502


    Aug 12, 2014
    A little while ago I used to really hate governments, and then it got a lot worse.
  22. Shirasaki macrumors 604


    May 16, 2015
    So long as United States government is not under control of a tiny group of elites like North Korea, we still have a chance to fight back and hold off what supposed to be ours.

    But, if multiple agencies in government joins together, then things would go just worse.
  23. Bonte macrumors 6502a


    Jul 1, 2002
    Bruges, Belgium
    Time for Apple to move the OS division into a separate company based in a country with clear laws on personal data.
  24. crashoverride77 macrumors 65816

    Jan 27, 2014
  25. Tech198, Apr 16, 2016
    Last edited: Apr 16, 2016

    Tech198 macrumors G5

    Mar 21, 2011
    Australia, Perth
    I find it even more interesting that we have two cases against Apple...... No one would put up this much of a fight BUT Apple..

    Or maybie the fact Apple is using the term *stronger encryption* for a device that is NOT running iOS8. and therefore does not have hardware encryption.

    Apple will push today's boundary for anything won't they even though it is possible. I think this whole protecting users has gone to Tim's head. Now we will use this same stance regardless of what phone iOS version makes sense to fight for, and regardless weather it has same technology.

    Its like blabbering in Apple's ears "yes Tim, we know, But this one device is running iOS7" over and over..

    This case is over this *one* phone, not for security in general.. I think Apples loosing it.

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