You are changing the parameters of your original statement.
You first indicated that “Tim Cook does have access”, then later state that Apple controls access. The latter statement is correct, but does not invariably imply the former.
Simply stated, Apple made a choice to design the software so they can’t decrypt data that they have selected to remain private. This is how they exercised their control.
They have chosen to have their software design reflect the requests of the majority of their users (remember that not all of their customers reside in the US, and not all share your views regarding government and privacy.) Apple has also clearly and repeatedly told people that they are free to take their business elsewhere if they don’t like Apple’s approach. Perhaps this is something you should consider if you don’t agree with Apple’s approach to the privacy issue - voting with your wallet can be quite powerful if enough people do it.
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This is likely the same amount of proof you have that Apple continues to have access to the data.
(Having said this, security blogs, white papers, and reports seem to indicate that iOS is relatively secure, and poses an increasingly difficult target due to security measures and encryption. When one also considers the amount of money that Apple is leaving on the table by not monetizing user data [e.g. Siri’s relatively poor performance] then it is reasonable to presume that Apple puts a premium on privacy. This, in turn, would suggest that they would be more likely to remove their own access to data, rather than leaving a back door open.)
You should watch the Zuckerberg testimony. Apple ain't that far off.