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Apple CEO Tim Cook published an open letter, describing the order as "chilling". Niall Carson/PA Images

Apple is challenging a court order to unlock gunman's iPhone

A US judge ordered it to help the FBI break into an iPhone belonging to one of the attackers of the San Bernardino shooting.

APPLE IS CHALLENGING an order to unlock a gunman’s iPhone in the US, claiming it has “implications far beyond the legal case at hand”.

The company made the statement after an American judge ordered Apple on Tuesday to help the FBI break into an iPhone belonging to one of the attackers in the San Bernardino shooting that killed 14 people.

US Magistrate Judge Sheri Pym ordered Apple to provide “reasonable technical assistance” to the FBI, including by disabling an auto-erase feature after too many unsuccessful attempts are made to unlock the iPhone 5C.

However, Apple has rejected this order, describing it as “chilling” and saying it has far-reaching implications.

“The United States government has demanded that Apple take an unprecedented step which threatened the security of our customers. We oppose this order which has implications far beyond the legal case at hand,” said Cook in an open letter. ”When the FBI has requested data that’s in our possession, we have provided it … We have great respect for the professionals at the FBI and we believe their intentions are good”.

Specifically, the FBI wants us to make a new version of the iPhone operating system, circumventing several important security features, and install it on an iPhone recovered during the investigation. In the wrong hands, this software – which does not exist today – would have the potential to unlock any iPhone in someone’s physical possession.
The FBI may use different words to describe this tool, but make no mistake: Building a version of iOS that bypasses security in this way would undeniably create a backdoor. And while the government may argue that its use would be limited to this case, there is no way to guarantee such control.

Cook also addressed the issue of creating a backdoor solution for its OS would go against the advice of cryptologists and national security experts, and jeopardise the privacy of its users.

“Some would argue that building a backdoor for just one iPhone is a simple, clean-cut solution. But it ignores both the basics of digital security and the significance of what the government is demanding in this case,” he said.

The government would have us remove security features and add new capabilities to the operating system, allowing a passcode to be input electronically. This would make it easier to unlock an iPhone by “brute force,” trying thousands or millions of combinations with the speed of a modern computer.
The implications of the government’s demands are chilling. If the government can use the All Writs Act to make it easier to unlock your iPhone, it would have the power to reach into anyone’s device to capture their data.

Apple iPhone AP Photo / Kiichiro Sato AP Photo / Kiichiro Sato / Kiichiro Sato

The case in question

Federal prosecutors had filed a motion requesting Apple’s help after the FBI failed to crack the phone’s code.

By disabling the security features, the FBI will now be able to attempt as many different password combinations as needed before gaining access.

The phone was the property of the San Bernardino County Department of Public Health, which employed one of the shooters, Syed Farook.

The county agreed to the search of the phone.

Farook, a US citizen, and his Pakistani wife Tashfeen Malik stormed a holiday work party in December and shot up their victims.

Pym, the judge, ordered that Apple provides software that would only run on the device in question or any other technological means to access its data.

“We have made a solemn commitment to the victims and their families that we will leave no stone unturned as we gather as much information and evidence as possible,” US Attorney Eileen Decker said in a statement.

“The application filed today in federal court is another step – a potentially important step – in the process of learning everything we possibly can about the attack in San Bernardino”.

FBI Director James Comey revealed last week that investigators had not been able to crack open the phone two months into the investigation.

“It affects our counterterrorism work,” he said.

Comey stressed the US government’s concerns that commercially-available encryption benefits criminals.

Tech companies, intent on securing the trust of consumers after government spying revelations made by Edward Snowden, have been reluctant to be seen as helping authorities spy on users.

(Additional reporting from AFP)

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31 Comments
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    Mute Awkward Seal
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    Feb 17th 2016, 10:23 AM

    Fair play to Apple on this one.

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    Mute Brian Cowan
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    Feb 17th 2016, 10:00 AM

    Apple is right not to allow the FBI to snoop on iPhones, that’s just for Apple to do.

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    Mute Paul O Mahony
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    Feb 17th 2016, 10:15 AM

    Right or wrong this does have massive implications. A government demanding security features removed for people’s mobile phones ? What’s next ? America is slowly becoming like all the countries it renounces. Liberty and freedom is being eradicated slowly but surely. I was in New York a few years back and saw a number of temporary stalls set up with people selling books. When I asked what they were I was told they were all books that were banned !! First Amendment my ass.

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    Mute Matty Reese
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    Feb 17th 2016, 11:41 AM

    Why would this be any difference than having to comply with a normal search warrant? I’m pretty sure makers of home security products would have to override their systems to allow police in possesion of a warrant to perform a search.

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    Mute Paul O Mahony
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    Feb 17th 2016, 11:53 AM

    Surely you have to be under suspicion, person of interest or involved some way in the crime to have a warrant issued on your property ? So literally you are saying you agree with a warrant being issued on anyone with a mobile phone at anytime without them even knowing?

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    Mute Francis Devenney
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    Feb 17th 2016, 11:58 AM

    There is a difference between overriding the alarm on one house and giving a government a piece of software that can open every iPhone in the world

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    Mute Lee Crawford McElroy
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    Feb 17th 2016, 2:12 PM

    I think you misunderstood . The only printed material banned by the US govt is child pornography . Books that were/are banned from public libraries and schools were done so through a challenge.This is usually the result of complaints from parents, who find particular books not appropriate for their children (e.g., books about sexual orientation) . It is not a government ban.

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    Mute Ben Gunn
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    Feb 17th 2016, 11:16 AM

    Surely the simple solution is to give the phone to apple requesting that it be returned unlocked. The notion that they should create a programme allowing the FBI or other agency unfettered access to all iPhones is Orwellian in it’s scope and unacceptable in any democracy.

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    Mute Steve stevenage
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    Feb 17th 2016, 10:22 AM

    For the first time ever I like the stance Apple have taken on something

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    Mute John Galvin
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    Feb 17th 2016, 10:53 AM

    Just goes to show, with all the high tech super secret gadgetry/computing power that the fbi and nsa have, in fact they are very limited in cracking something as basic as an iPhone passcode.

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    Mute Pat Gorman
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    Feb 17th 2016, 8:19 PM

    Nothing to do with supercomputers John Galvin.
    You only have 10 guesses at the password.
    Then the iPhone “knows” it is stolen and wipes out all its own data.

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    Mute John Galvin
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    Feb 17th 2016, 8:51 PM

    And you don’t think they would have the ability to dissect the phone, take the memory out and use a super computer to break the encryption without worrying about some crude system deleting data? I bet if you released this problem to the hacking community they would have it solved in days. The iPhone is not a phone designed to be uncrackable. It’s designed to just make it difficult for unauthorized people to gain access.

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    Mute Beachmaster
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    Feb 17th 2016, 10:07 AM

    The owners of the phone agreed to the search so Apple should just STFU and do it. The longer the delay the less useful any potential information on it will become.

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    Mute Dermot Lane
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    Feb 17th 2016, 10:17 AM

    Are the owners not dead?

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    Mute Beachmaster
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    Feb 17th 2016, 10:21 AM

    It’s owned by the San Bernardino County Department of Public Health.

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    Mute Emmet McAdam
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    Feb 17th 2016, 10:52 AM

    If the San Bernardino County Department of Public Health owns the phone (and the information in it) then why don’t just unlock it and give it to them?
    The US Gov have been waiting for an excuse to force this ‘back door’ unlock on Apple for a while now, but if they’re successful then it’s every iPhone that can snooped on, and it won’t be just by the US Gov.

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    Mute Sharp Vittel
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    Feb 17th 2016, 11:06 AM

    Apple could only unlock the phone by means which are unavailable to every other customer of Apple.
    The policy seems to be if you lock yourself out of your phone then deleting everything off the phone and starting again is the only option.
    Now if they asked for data saved on the cloud belonging to Farook or if they asked the service provider for data sent perhaps they would get what they need.
    Expecting Apple to open the door and let them in is not going to happen

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    Mute Matty Reese
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    Feb 17th 2016, 11:43 AM

    It is also an item of evidence in an ongoing investigation. If their house had security features these would also have to be shut down to carry out a search.

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    Mute Paul Tao
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    Feb 17th 2016, 11:58 AM

    This wouldn’t have been an issue if the owner of the phone, San Bernardino County, had set the encryption password for their device. Allowing the employee to set it is poor IT practice. If he had committed some sort of corporate/IT crime on his iphone, he could have just bricked his phone (i.e. the evidence)

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    Mute Noel Howley
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    Feb 17th 2016, 10:12 AM

    This is just about Apple protecting their intellectual property, they jealously guard their systems and hide their hardware and software so that they can overcharge for them. Only their over priced chargers and accessories are compatible with their machines for instance. There is nothing democratic about the way Apple do business, only the richest people would have access to the internet in their world. Android systems however are based on openly accessible Linux type software that has revolutionised the world and its access to the internet.

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    Mute Luke Kelly
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    Feb 17th 2016, 10:55 AM

    Apples “intellectual property” was paid for mainly by the US taxpayer. Most of the components in an iphone or ipad were developed and researched by the US army and by taxpayers money. One would think in a capitalist society the US population would see a return on that investment, but no. Steve jobs and Bill gates are the ones that see the return.

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    Mute IrishGravyTrain
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    Feb 17th 2016, 10:31 AM

    Is this a sponsored ad by Apple. Look, even the FBI can’t break the security. Buy an Iphone today. Stay secured. Something smells here.

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    Mute Paul Ó Duḃṫaiġ
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    Feb 17th 2016, 11:14 AM

    The Federal Government specifically used the All Writs Act to compel Apple, which is a bill that dates in it’s original form to 1789!

    The implications for this case are rather chilling, next no doubt they will be compelling Cisco/Juniper to provide backdoor’s for firewall’s/VPN’s (who needs the NSA to do hardware “implants”) to quote from Ars Technica article:


    Similarly, Ahmed Ghappour, a law professor at the University of California, Hastings, concurred.

    “Here you have the government using a catch-all statute from the 18th-Century to compel a technology company to ‘assist’ law enforcement by designing custom software to backdoor an encrypted device,” he told Ars. “The ramifications of such a precedent could be tremendous. If the government can compel Apple to provide custom software, why can’t they compel Facebook to customize analytics that predicts the criminality of their user base?”

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    Mute Tom
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    Feb 17th 2016, 12:25 PM

    I suspect the people killed in the San Bernadino attack would care less about who looks at there phone ..

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    Mute Paul O Mahony
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    Feb 17th 2016, 12:55 PM

    Unfortunately it is all the people who are alive with an iPhone and all those who will have an iPhone that will be the ones who do care. Not only that, if they FBI manage to get this through it could affect a whole lot more than just iPhones. That is the bigger picture, its not just iPhones that this could affect.

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    Mute Ben Frost
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    Feb 17th 2016, 10:46 AM

    Can you not over ride the password too. Seems like this just allows them have unlimited attempts at guessing. I presume you run some software that can still take ages. I didn’t think would be so difficult

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    Mute Motherofdivinejebus
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    Feb 17th 2016, 12:52 PM

    You need to change your avatar mate……….

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    Mute Gus Sheridan
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    Feb 17th 2016, 1:19 PM

    Apple wont come away smelling of roses on this

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    Mute Will Boylan
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    Feb 17th 2016, 6:35 PM

    How long has Paul O’Grady been running Apple?

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    Mute Paul Scully
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    Feb 17th 2016, 3:58 PM

    Apple should give FBI access to phone as it is a matter of national Security if Apple fail to comply I will stop using Apple

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    Mute Patrick O'Fearghail
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    Feb 17th 2016, 10:37 AM

    It’s an absolute disgrace that Apple will not unlock a terrorist phone , this is a national security issue and could possibly uncover sleeper cells within America and Europe. Do we want anther 9/11 , 7/7 or Paris attacks ?
    Tim Cooke should be arrested and charged with aiding and supporting for a terrorist organization.

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