FBI to Keep Pushing for Court Order Forcing Apple to Unlock iPhone in N.Y. Case [Updated]

[MacRumors]

The U.S. Justice Department will continue pushing for a court order forcing Apple to help investigators unlock the iPhone 5s belonging to Brooklyn drug dealer Jun Feng, as part of a case that dates back to October 2015, according to The Wall Street Journal.

"The government's application is not moot, and the government continues to require Apple's assistance in accessing the data that it is authorized to search by warrant,'' the prosecutors write in a brief letter to U.S. District Judge Margo Brodie.

Like its recent high-profile standoff with the FBI over unlocking the passcode-protected iPhone 5c used by San Bernardino terrorist Syed Farook, Apple has said it "would be impossible" for the company to access data on a locked iPhone running iOS 8 or later without creating a modified software version, which it refuses to do.

In late February, U.S. Magistrate Judge James Orenstein ruled that the FBI lacked the legal authority to force Apple to bypass the iPhone's passcode, and that the prosecution's use of the 1789 All Writs Act was an unconstitutional overreach.

The U.S. Justice Department formally appealed the decision with U.S. District Judge Margo Brodie in early March in an effort to overturn Orenstein's ruling, and today's brief court filing reiterates that the FBI will not back down from its request without a fight.

While the FBI dropped its San Bernardino case with Apple after enlisting a private party to unlock the shooter's iPhone 5c, FBI director James Comey said earlier this week that the undisclosed method does not work on newer devices like the iPhone 5s or later.

Apple remains committed to device encryption and will continue fighting this legal matter.

Update: In Massachusetts, Apple has been ordered to help the FBI gain access to data on an iPhone belonging to a Boston gang member accused of shooting a rival gang member.

A judge originally gave the order for Apple to provide "reasonable technical assistance" to the FBI on February 1, but the case was just unsealed on April 8. Apple has not complied with the order.

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: FBI to Keep Pushing for Court Order Forcing Apple to Unlock iPhone in N.Y. Case [Updated]

 

[thisisnotmyname]

good, another chance for discovery of what Cellebrite actually used.

 

[zioxide]

good, another chance for discovery of what Cellebrite actually used.

That tool likely won't work on a 5S.

 

[rdowns]

It's only about one phone.

 

[thisisnotmyname]

That tool likely won't work on a 5S.

True, but we need to examine the method to confirm that

 

[tomnavratil]

I'm sure their good friends from FBI can share with them the secret method that worked on the 5c iPhone, the good old "1234" passcode. Really happy with Apple's approach from the beginning!

 

[madsci954]

FBI: Really, we're not trying to set a precedent. Just this one phone.

 

[RightMACatU]

Groundhog day, after the movie, the FBI series

 

[952863]

FBI should be focusing on more pressing matters. All this reminds me of is a dog chasing its own tail. Ugh!

 

[tongxinshe]

As a candid audience of this whole play, I find it harder and harder to guess how the behind-the-scene directors had set up the plot. What I can see is only that all of the actors (FBI, DOJ, president, senators) constantly keep us audiences' wonder high hanging. On the other hand, though, I still know for sure, when the whole play ends, we will be tighter controlled by the behind-the-scene directors. (Sad)

 

[You are the One]

What a charade. Law enforcement people have become so dumbed down they can't solve a crime unless there is a digital proof somewhere. Lazy idiots, do some real work instead.

 

[macfacts]

It's only about one phone.

Are you a suspected criminal under investigation?

This isn't about your phone.

 

[rdowns]

Are you a suspected criminal under investigation?

This isn't about your phone.

Yeah, thats' the ticket. I must be one of those pedophile apologizers, right?

 

[soupcan]

What did I tell you? The FBI went to court in the first place because they while they knew they could unlock an iPhone 5c or lower, they also knew they couldn't do just that with an iPhone 5s or up, which is what they wanted in the first place.

And they're not getting it.

 

[FieldingMellish]

Apple indirectly forcing older phone users to upgrade.

 

[VulchR]

Again another attempt by the FBI to force a private company to do the FBI's dirty-work for them. I could see this being reasonable request if this was a simple matter of information, but not for creating new code.

EDIT: It just struck me...

FBI: we need access to the phone of a terrorist - it's life or death
FBI: we need access to the phone of a drug dealer - it's about crime
FBI: we need access to the phone of a political activist - it's about being American

 

[Eraserhead]

Are you a suspected criminal under investigation?

This isn't about your phone.

I'm sure @rdowns and you have broken the speed limit on occasion.

Probably you have also jaywalked. And probably drunk underage and done drugs.

Therefore making you both criminals.

 

[Pike R. Alpha]

What a charade. Law enforcement people have become so dumbed down they can't solve a crime unless there is a digital proof somewhere. Lazy idiots, do some real work instead.

This has nothing to do with being lazy. Thing is. The world is changing, and so are criminals and their business, and as a result sometimes all there is... is a digital trace of their crime.

 

[polterbyte]

Are you a suspected criminal under investigation?

This isn't about your phone.

That's an utter misrepresentation of the point.

If you want to know what will happen if Apple ever develops an alternate version of iOS that allows for unlocking phones belonging only to "suspected criminals under investigation", read this article. The TSA master key debacle is a blueprint scenario for the inevitable misuse of backdoors.

I, for one, don't think for a moment that such is an acceptable risk.

 

[Eraserhead]

This has nothing to do with being lazy. Thing is. The world is changing, and so are criminals and their business, and as a result sometimes all there is... is a digital trace of their crime.

And in the bad old days the only trace of their crime might be a in person discussion down a rough pub where no one talks to the police. So...

The fact alone that we all carry around HD cameras makes identifying criminals vastly easier than it ever used to be.

 

[0007776]

Are you a suspected criminal under investigation?

This isn't about your phone.

If you have any personal information on your phone including credit cards in Apple Pay the outcome of this affects your personal data. If Apple has to create a Blackfoot for the FBI there is one for criminals wanting to steal your identity as well.

 

[Eraserhead]

If you have any personal information on your phone including credit cards in Apple Pay the outcome of this affects your personal data. If Apple has to create a Blackfoot for the FBI there is one for criminals wanting to steal your identity as well.

And the figure lost to fraud must be trillions of dollars a year.

 

[dannyyankou]

Thank you secure enclave

 

[simonmet]

I hope whatever exploit they used to unlock the phone has been patched and that Apple (continues to?) make(s) the iPhone more secure and harder to crack in future.

In my somewhat pessimistic view however I don't think Apple cares particularly about whether the iPhone is completely bulletproof, just enough so that the average person feels protected from thieves and criminals who likely don't have access to specialised services like what Cellebrite offers.

 

[HEK]

good, another chance for discovery of what Cellebrite actually used.

It's no big secret what was used. Cellebrite even advertises it. Watch the video, and see the 5c being unlocked. Once you get past the nand counter you just keep trying the codes. Which you can't do with the chip enclave.