A battle between the federal government and leading tech company Apple Inc. is heating up after Apple CEO Tim Cook announced he will defy a federal magistrate’s orders to help the FBI unlock one of the San Bernardino terrorists’ phones.
Cook is asserting that doing so would undermine Apple’s encryption technology and create a backdoor that could be used in the future.
He said the company will fight the federal decision and continue to assert its right to refuse to cooperate in the terror probe.
Cook’s ferocious response, posted early Wednesday on the company’s website, came after an order from U.S. Magistrate Judge Sheri Pym that Apple Inc. help the Obama administration break into an encrypted iPhone belonging to one of the shooters in the December attack.
The first-of-its-kind ruling was a significant victory for the Justice Department in a technology policy debate that pits digital privacy against national security interests.
Noting the order from federal Magistrate Judge Sheri Pym in California, Cook said “this moment calls for public discussion, and we want our customers and people around the country to understand what is at stake.” He argued that the order “has implications far beyond the legal case at hand.”
Pym’s order to Apple to help the FBI hack into an encrypted iPhone belonging Syed Farook, one of the San Bernardino, California shooters, set the stage for a legal fight between the federal government and Silicon Valley. The ruling by Pym, a former federal prosecutor, requires Apple to supply highly specialized software the FBI can load onto the county-owned work iPhone to bypass a self-destruct feature, which erases the phone’s data after too many unsuccessful attempts to unlock it. The FBI wants to be able to try different combinations in rapid sequence until it finds the right one.
Federal prosecutors told the judge in a court application that they can’t access a work phone used by Farook because they don’t know his passcode and Apple has not cooperated. Under U.S. law, a work phone is generally the property of a person’s employer. The magistrate judge told Apple in Tuesday’s proceeding to provide an estimate of its cost to comply with her order, suggesting that the government will be expected to pay for the work.
Apple has provided default encryption on its iPhones since 2014, allowing any device’s contents to be accessed only by the user who knows the phone’s passcode.
The order requires that the software Apple provides be programmed to work only on Farook’s phone, but it was not clear how readily that safeguard could be circumvented. The order said Apple has five days to notify the court if it believes the ruling is unreasonably burdensome.
It also was not immediately clear what investigators believe they might find on Farook’s work phone or why the information would not be available from third-party service providers, such as Google or Facebook, though investigators think the device may hold clues about whom the couple communicated with and where they may have traveled.
The phone was running the newest version of Apple’s iPhone operating system. San Bernardino County provided Farook with an iPhone configured to erase data after 10 consecutive unsuccessful unlocking attempts. The FBI said that feature appeared to be active on Farook’s iPhone as of the last time he performed a backup.
In his website posting, Cook said the U.S. government order would undermine encryption by using specialized software to create an essential back door that he compared to a “master key, capable of opening hundreds of millions of locks.”
“In the wrong hands, this software — which does not exist today — would have the potential to unlock any iPhone in someone’s physical possession,” Cook wrote. “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 back door. And while the government may argue that its use would be limited to this case, there is no way to guarantee such control.”
The ruling tied the problem to the San Bernardino attack, the deadliest by extremist elements on U.S. soil since the 2001 attacks on the World Trade Center and the Pentagon. Syed Farook and his wife, Tashfeen Malik, killed 14 people in a Dec. 2 shooting at a holiday luncheon for Farook’s co-workers. The couple later died in a gun battle with police.
The judge didn’t spell out her rationale in her three-page order, but the ruling comes amid a similar case in the U.S. District Court for the Eastern District of New York.
Investigators are still working to piece together a missing 18 minutes in Farook and Malik’s timeline from Dec. 2. Investigators have concluded they were at least partly inspired by the Islamic State group; Malik’s Facebook page included a note pledging allegiance to the group’s leader around the time of the attack.
In 2014, Apple updated its iPhone operating system to require that the phone be locked by a passcode that only the user knows. Previously, the company could use an extraction tool that would physically plug into the phone and allow it to respond to search warrant requests from the government.
The Associated Press contributed to this article.
I understand Apple’s statement, HOWEVER, the USA is under TERROR attacks sine the World Trade Center and the FBI and CIA need this information ASAP. The court cannot make Apple to due this??? How will Apple feel if something happens and they could have prevented it??? Hire a hacker??
The sky is falling…the sky is falling.
I feel sorry for you…that you live in such fear.
The government has clearly showed that it cannot be trusted with sensitive information. Possible solution: Ask Apple if they can extract the information from the phone and hand it over.
There is no excuse for Apple not to come up with a solution to help support the FBI in this situation in fact it smacks of un-American we need all the help we can get to defeat this scourge upon the earth , should they continue to take this position they should be dealt with severely and swiftly , we are talking about saving lives here .
The Legal balance is, national security versus the privacy of all iPhone users.
The government would have a new tool to access everyone’s iPhone.
The past track record of the government clearly indicates an abuse of tech knowledge.
Snowden exposed this issue.
I agree even though snowden is nothing but a low life traitor and needs to be shot when they do get him…just don’t ever let him touch American soil …but if the fbi and cia want info off of a iphone then let apple get it then give it to them after a court order …but they don’t need to give up any tecknoligie for them to use when ever they want
Don’t worry, the Chinese and/or Korea have a way to gather the encrypted info. Most of Apples manufacturing employee’s in China, and Apples component suppliers in China know.
Most of Apples components of iPhones and iPads — the supply chain — are manufactured in China.
Apple got hacked in 2015 and China embedded malware on their system and hacked Apples iCloud… ONLY USA Law enforcement cannot get passed encrypted cell phones — but you are in La La Land if you think that China and Korea cant access iPhone encryption….
Exactly right .
I fully support Tim Cook’s position to not provide the software to unlock the IPhone used by the killers in the San Bernadino killings.
In my opinion it endangers privacy of our citizens.
I support Apple defending their apparently almost unbreakable encryption system also, but here’s an alternative no one seems to have tossed on the table yet – FBI gives the phone to Apple who does their best to unlock/decrypt it, then gives the unlocked phone (or it’s full content) back to the FBI WITHOUT SPECIFYING HOW THEY DID IT! THAT said, I also understand (and agree with to a certain extent) that IN THIS CASE it is a matter of national security. If the FBI doesn’t like that, they can always equip our diplomats with unbreakable Apple iphones! Free enterprise AND national security!!
Of course, the FBI won’t WANT to co-operate like that, but maybe they should learn that their power, while great, IS NOT ABSOLUTE JUST BECAUSE THEY SAY SO!!!!!!!
Once Apple opens that door they can’t close it.
Apple is being ordered to develop new technology, something the government can’t do.
Indeed !
Fact is they don’t want the world to know that it was large muscular broad shoulder white faced blue eyed men that did the shooting, Not the small stature man and a 100lbs woman,,,, Do ya thin,,,
“Those who would sacrifice an ounce of liberty for the sake of security deserves neither”
~ Ben Franklin
“I prefer dangerous freedom over safe servitude”
~ Thomas Jefferson
AMEN, BROTHER!!!
While I don’t completely agree with Cook’s real reasons, I definately agree with Ben Franklin and Thomas Jefferson.
Hear…hear!
Yes, For the very smart men and that is why that why they was hand pick by the Lord!
For the founding Father’s were very smart men.
This is a difficult one. I can understand Apple’s reluctance to reveal an entry into Farook’s phone while on the other hand I can understand the FBI wanting to investigate this murder.
On the whole, I think it better to side with Apple at the present time and I applaud Cook’s stand on protecting Apple’s customers. The FBI or the US Government’s computer systems have been hacked into before and, could be hacked into again. In addition, it appears that Farook is now dead.
My suggestion is that Apple and the FBI get together to see if there is a way round this problem. For example, would it be possible for Apple to research this problem within their own security systems and then provide the answers to the FBI?
Governments can cause irreparable harm to companies and individuals at times where they think the ends justify the means.
Why did they shoot Farook dead. Why did they not attempt to catch him alive?
Sorry, FBI, I am sure you are doing a good job but pay heed to my above suggestion.
Cook is grandstanding. Both he and the government know that the physical memory could be “imaged” (as it is currently encrypted) onto other media, and then decrypted using supercomputers (as the gov already intends, assuming they’re given the easy route by Apple). This would just take them a lot longer. It’s a similar process to what recovery experts use to recover data from physically damaged hard drives, except with static memory.
Don’t know why the gov doesn’t just go this route anyway … no permission needed. Knowing O’s administration, they’re just too dumb.
At least someone still cares about our privacy, thank you tim
APPLE. CEO. TIM. COOK. Is. Correct. In. His. Stance. Concerning. The. Magistrate Judge. Sheri. Pym’s,
“Request”. …….The. Federal. Government. Was. “Slack”. To. Begin. With. Investigating. Tashfeen. Malik…. As. A. Result , 14. People. Lost. Their. Life
Good for Tim Cook! Screw the Federal Government. Both perps are already dead, so why do they need to hack into their phones? Just another excuse for spying on the rest of us.
The NSA: The Only Government Agency That Listens!
Wow, I don’t think the F.B.I. or NSA or the rest of the knuckleheads out there? Are listening to are phone calls! There system is set up to listen for key words and 95% of Americans are boring. And frankly Apple can make a code to unlock that phone and that phone only! I pray to God there is not another terrorist hit inside that phone! Wake up Apple!
Apple probably realizes that once the government has the code, any AMERICAN CITIZEN owning an Apple device can no longer be assured ANY privacy regarding government intervention of their communications.
Truly a sad statement on the lack of trust in our own government., but they have brought it on themselves. (Does the KGB come to mind anyone??)
Apple’s decision to stand up to the status quo reminds me of the reason that I switched to all Apple products in my home: including an iPhone! The court will be setting pejorative that even I can see will be disastrous for technological abuse by the government and other unscrupulous, especially wealthy individuals and corporations. Using the “terrorists” attack to gain important information from Apple should be illegal; obviously it is not.
Love to hear what presidential candidates have to say about this one! National security is not breeched because of phone technology. Liars in government have more to do with this tragedy than people want to admit. It is much easier to lie to oneself and therefore others, than it should be: whatever happened to inner integrity. Look at the marriage between the Clinton’s and Wall Street: Martha Stewart was thrown in jail; but the Clinton’s and Wall Street continue to steal and lie and are not incarcerated for the crimes they commit… How is it that banks make more money via forcing foreclosures and shortfalls?
Rest my cases. No I am not a lawyer.
There are several ways to look at this. One is the government is asking Apple to unlock a phone which was provided by a government employer not purchased by an individual. 2.) Apple benefits from standing up to the government on behalf of its customers. The shooters are dead. The phone’s contents can’t make them any more or less dead. Apple’s desire to maintain the privacy of its customers are likely to translate into sales to those who think the government already snoops too much in people’s lives.
Perhaps this whole game is a government ploy. Let’s say the NSA has developed the ability to crack Apple’s encryption method and bypass the data wipe feature of iOS. What better way to lure criminals into a sense of complacency than to make them think their iPhone’s contents can’t be retrieved and Apple is not going to violate their privacy. All it would take for this scheme to pay off would be for the government to lose to Apple in court. I figure the government has cracked the encryption scheme and they have probably accessed the contents of the phone in question.
What a bunch of horse crap. The government subverted the 4th amendment almost as soon as Obama took office.
None of our digital content is ‘private’ anymore.
This is about TERRORISTS… FINALLY!!
It’s not about regular Americans who are being investigated because they don’t like Obama or don’t like homosexuality or because they are Christians donating to conservative organizations.
THIS IS ABOUT ACTUAL MURDERING TERRORISTS…. RELEASE THE INFORMATION YOU IDIOTS!!
There is nothing to release, Apple is being ordered to invent new technology. Sorry, you can’t order invention.
Now Apple has turned communist we should boycott them, who wants to buy products that support terrorist……. when you buy Apple you support terrorism….. boycott, boycott, boycott…….!!!!!!
I agree with apple, we must be able to maintain our privacy.
Apple is not doing anything but protecting the terrorist so that must make them terrorist themselves. The FBI did not ask for help hacking ALL phones just ONE that was used in an attack that killed 14 people. So if you think that Apple is protecting you then maybe you are a terrorist too.
I’m glad Apple won’t back down to the government if Apple would make a code to get into our iPhones that would keep it so they could get in any of our iPhones so I hope Apple keep standing up to the government and not do it
Good for Apple..the government with the help of scientists BUILT the Internet , I’m sure if they wanted to they could find out what the terrorists are saying. All Apple has done is preserve OUR FREEDOM from government intrusion….
Farook and his woman , Malik traveled to and from the Middle East, Laws and Security procedures are already in place. Government had ample time to Check on these two Terrorists,leaving or coming back into country. Like so many , “Suckers”, being lured to fight for the Terrorists from the West, why didn’t “Home Land Security”, or FBI, do they’re Job? Now these well known Obomba Muslim Treasonous Fed’s , Liers, want the Master Key to spy on Millions of Pvt Citizens?? The dicktator, well known to be a master Lier, Sorry, they can go to Hell. The worthless Fed’s couldn’t catch these two Terrorists , out in the Open, what makes any one think they will arrest other Muslims with the help by this request? National Security?? Is that not a Lye?? Since when doe this Muslim-Socialist-Commie Regime in WH do any thing to protect our country and Allies?? The Fraud has made it clear, he Hates our Policemen and women across the country.
The FBI doesn’t need Apple to send them software. The encryption can be done in house at Apple and the government doesn’t have to know how Apple did it. The judge’s order should conform to Apple’s restrictions!
I have read these comments and I can’t believe how ignorant some people are. This has nothing to do with terrorism. This has everything to do with our Government trying to be able to spy on everyone in our country. We are not going to stop terrorism by breaking into this phone. Everything they need, they can get from service providers. All the calls and texts and emails are in the cloud and can be accessed with a court order. If they can’t figure out anything from this information then they are stupid. I can’t see anything that could be on this phone that would provide them with any information that they can not already get. I see nothing that will prevent any more attacks by these sick individuals. They act like breaking into this phone is necessary to apprehend all existing terrorists left in America. This is such a crock. It is about time that a company in the country stands up for it customers and doesn’t just roll over and allow illegal actions to be forced on its people. We should have the right of privacy, especially from a Government that has been doing illegal actions due to a Republican President that created this situation and then took away so many of our Constitutional Rights because of their stupidity. Any one who thinks that letting the government get this kind of access to the Apple phones to stop terrorism has no idea what this situation is truly about. It is time for intelligent to take back our country and put the stupidity out of our Government.
Robert Wolfe You are absolutely correct.
I don’t think this has to be an “either-or” confrontation. The FBI “should” be trying to find out about the shooter and Apple “should” be assisting to oppose terrorism. Sit down together and work out a way that Apple can provide the result without telling the FBI how they got it. I would infer that Apple thinks they know how to decode the information, they just haven’t produced (or released?) the software to do it. Is it as simple as the article implies – just turn over the phone code?
THESE PEOPLE ARE DEAD AND A SOPENA WAS GOTTEN. IT IS LEGAL. IF APPLE REQUIRES THE GOVERMENT TO KEEP QUIET ABOUT THEIR FINDINGS THIS IS ACCEPTABLE.
It would be as usual every promise every made by the fed is a joke. Once they got the tech they would be on there way to any phone they desire to look at. So NOOOOOOOO I agree were at War but sorry I can not trust my own government to not use it as a weapon on the American people.
I SPENT ALMOST 29 YRS IN THE MILITARY AND DON’T THINK ANYONE IS MORE PATRIOTIC THAN ME. I AGREE WITH APPLE. IN RECENT YRS, OUR GOV’T HAS DONE A POOR JOB AT BEAT. I HAVE SEEN CAREERS RUINED OVER FAR LESS THAN WHAT HILLARY CLINTON (FOR EXAMPLE) HAS DONE AND SHE’S NOT IN JAIL WHERE SHE BELONGS. THE CURRENT GOV’T IS NOT TRUSTWORTHY.
O come on now do I believe the most powerful bravest and advanced country in the world is short of govt hackers? Hmmm hard to buy that short sale. I have to side with Apple and trust me I’m a Yankee Doodle Dandy!
First off, why didn’t the government vet this bitch when she came to our country? How the hell is Homeland Security get Hacked? Why are we getting spied on? And you would trust them when they tell Apple it’s only for this one time? Apple is not being a traitor protecting people from government intrusion and later by every hack in the world. Is that what we want. Government is just looking for a shortcut because they LIE when they say they cannot do this without Apple. Really? If they can’t then they should be all fired for incompetence.
People buy Blackberry just so they can keep their privacy. Just like Obama and Traitor Hillary. They have Blackberries. Why? By the way what about Hillary? Why is she not in jail with all the proof the government has on her? And you trust government? I’ll trust Apple first. They are keeping citizens safe.
As an IT provider and someone who does computer forensics I have to weigh in on this.
Apple is to be commended on wanting to protect their customers. Having said that, Apple is way out of line here. This is not some random phone the government is trying to spy on. This phone belonged to a terrorist who killed Americans. The government has gone thru due process and has a court order.
I understand Apple does not want their technology compromised. I wouldn’t trust the Government with it either. The solution is simple. Do not provide the Government the means to decrypt the phone. I fully support that. Instead have Apple in their lab perform the decryption and provide the unencrypted data to the Government. If the decryption alters the phone in a way that could be reverse engineered Apple keeps the phone secured for future evidence if needed.
This gives the Government what they need to further their investigation while protecting Apple’s trade secrets. Both sides win.
Apple’s failure to cooperate in this manner would be inexcusable and those refusing to cooperate should be prosecuted for obstructing an investigation and also prosecuted for aiding terrorists.
To be clear, I don’t promote this as an ongoing policy. This is a specific case that is going thru proper legal channels. Apple should be compelled to cooperate while allowing them to protect their intellectual property.
I don’t believe the FBI when they say that all they want is just this one. Yes they received a court order but Apple was bush wacked without being able to present their own argument for not complying. What the FBI wants is the whole bowl of wax. They already said that they do not want Apple to open the lock and give them the info. They want to see how it is done. Smart huh? That’s what came out today. Trust them? No way. Again I ask, why with all the evidence against Hillary nothing is done. If it were me I would already have gotten the chair for treason. And I do mean the chair. That’s our government under Obama. Trust them? Forget it!
I find it interesting that our CIA and FBI could go after Hillary’s phones by requesting her codes and networks, plus her assistant’s phones, to protect our Nation from her shenanigans and now we have a couple who are middle eastern refugees plotting and literally ENACTING terrorist acts and killing at least 14 people, and now we are to believe because they don’t have the codes these murderers are allowed the freedom from the GRAVE not to have their phones broken down to get to their codes. The mentality of these people who are making these dimwitted assumption that they are protecting American citizens, borders on lunacy on their part, give me a !!!!!!! break.
I fill there is a cover up of some sort. There is a mole working in the Whitehouse who is waiting to get clearance from some one from the middle east that will disable all phones that went directly to the killers phone from the middle east. Once their private networks are destroyed and all the phones that were one with the killers phone WHETHER IN THE USA OR MIDDLE EAST even for a brief moment are destroyed, only than will the CIA and the FBI be allowed clearance to those two phones. THAT IS MY HYPOTHESIS!
Prior to Barack Insane Owebama, and even earlier with Shrub II and Slick Willie, I would have been outraged at Apple’s stand.
Now, I applaud them, for I simply do not trust ANYTHING the federal government says or does. To the Regime, law is what they say it is, no matter what the law or Constitution says. They terrorize the citizens of America more than any terrorists ever can. No one is safe in their daily affairs, in their automobile, at home, or even in just expressing opinions.
We live under the most perfect dictatorship ever invented, and it won’t change without a bloody, bloody, bloody revolution to restore the Constitution.