View source for Social:Apple–FBI encryption dispute

{{Short description|2015-2016 public relations and legal dispute}}

[[File:IPhone 5c blue back.jpg|thumb|alt=Rear side of blue iPhone 5c.|right|An iPhone 5C, the model used by one of the perpetrators of the 2015 San Bernardino attack]]

The '''Apple–FBI encryption dispute''' concerns whether and to what extent courts in the {{wipe|United States}} can compel manufacturers to assist in unlocking cell phones whose [[Data|data]] are [[Cryptography|cryptographically protected]].<ref>{{cite magazine|url=http://time.com/4262480/tim-cook-apple-fbi-2/|title=Inside Apple CEO Tim Cook's Fight With the FBI|first=Lev|last=Grossman|magazine=Time|date=March 17, 2016|access-date=March 17, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092022/https://time.com/4262480/tim-cook-apple-fbi-2/|url-status=live}}</ref> There is much debate over public access to strong encryption.<ref>{{cite web|url=https://www.nytimes.com/2016/03/29/technology/apple-iphone-fbi-justice-department-case.html|title=U.S. Says It Has Unlocked iPhone Without Apple|first1=Katie|last1=Benner|first2=Eric|last2=Lichtblau|work=The New York Times|date=March 28, 2016|access-date=March 28, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092017/https://www.nytimes.com/2016/03/29/technology/apple-iphone-fbi-justice-department-case.html|url-status=live}}</ref>

In 2015 and 2016, [[Company:Apple Inc.|Apple Inc.]] received and objected to or challenged at least 11 orders issued by United States district courts under the All Writs Act of 1789. Most of these seek to compel Apple "to use its existing capabilities to extract data like contacts, photos and calls from locked [[Engineering:IPhone|iPhone]]s running on operating systems [[Software:IOS 7|iOS 7]] and older" in order to assist in criminal investigations and prosecutions. A few requests, however, involve phones with more extensive security protections, which Apple has no current ability to break. These orders would compel Apple to write new software that would let the government bypass these devices' security and unlock the phones.<ref name="McLaughlin">{{cite web|url=https://theintercept.com/2016/02/23/new-court-filing-reveals-apple-faces-12-other-requests-to-break-into-locked-iphones/|title=New Court Filing Reveals Apple Faces 12 Other Requests to Break Into Locked iPhones|work=The Intercept|date=February 23, 2016|access-date=March 3, 2016|first=Jenna|last=McLaughlin|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092002/https://theintercept.com/2016/02/23/new-court-filing-reveals-apple-faces-12-other-requests-to-break-into-locked-iphones/|url-status=live}}</ref>

The most well-known instance of the latter category was a February 2016 court case in the United States District Court for the Central District of California. The Federal Bureau of Investigation (FBI) wanted Apple to create and [[Digital signature|electronically sign]] new software that would enable the FBI to unlock a work-issued [[Engineering:IPhone 5C|iPhone 5C]] it recovered from one of the shooters who, in a December 2015 terrorist attack in San Bernardino, California, killed 14 people and injured 22. The two attackers later died in a shootout with police, having first destroyed their personal phones. The work phone was recovered intact but was locked with a four-digit passcode and was set to eliminate all its data after ten failed password attempts (a common anti-theft measure on smartphones). Apple declined to create the software, and a hearing was scheduled for March 22. However, a day before the hearing was supposed to happen, the government obtained a delay, saying it had found a third party able to assist in unlocking the iPhone. On March 28, the government claimed that the FBI had unlocked the iPhone and withdrew its request. In March 2018, the ''{{wipe|Los Angeles Times}}'' reported "the FBI eventually found that Farook's phone had information only about work and revealed nothing about the plot" but cited only government claims, not evidence.<ref name="access delayed">{{Cite news|url=http://www.latimes.com/politics/la-na-pol-fbi-iphone-san-bernardino-20180327-story.html|title=Race to unlock San Bernardino shooter's iPhone was delayed by poor FBI communication, report finds|last=Tanfani|first=Joseph|date=March 27, 2018|work=Los Angeles Times|access-date=August 18, 2018|archive-date=July 22, 2018|archive-url=https://web.archive.org/web/20180722011321/http://www.latimes.com/politics/la-na-pol-fbi-iphone-san-bernardino-20180327-story.html|url-status=live}}</ref>

In another case in Brooklyn, a magistrate judge ruled that the All Writs Act could not be used to compel Apple to unlock an iPhone. The government appealed the ruling, but then dropped the case on April 22, 2016, saying it had been given the correct passcode.<ref>{{Cite news|last=Lichtblau|first=Eric|date=2016-04-23|title=U.S. Opens Another iPhone, This Time With the Keycode|language=en-US|work=The New York Times|url=https://www.nytimes.com/2016/04/23/business/us-opens-another-iphone-this-time-with-the-pacode.html|access-date=2021-04-16|issn=0362-4331}}</ref>

== Background ==
{{Main|Crypto Wars}}
[[File:James Comey official portrait.jpg|thumb|upright|James Comey, former FBI director]]
[[File:Visit of Tim Cook to the European Commission - P061904-946789.jpg|thumb|upright|Tim Cook, chief executive officer of Apple Inc. Cook and former FBI Director Comey have both spoken publicly about the case.]]

In 1993, the [[Organization:National Security Agency|National Security Agency]] (NSA) introduced the Clipper chip, an encryption device with an acknowledged [[Backdoor (computing)|backdoor]] for government access, that NSA proposed be used for phone encryption. The proposal touched off a public debate, known as the [[Crypto Wars]], and the Clipper chip was never adopted.<ref>Crypto: How the Code Rebels Beat the Government—Saving Privacy in the Digital Age, Steven Levy, 2001</ref>

It was revealed as a part of the 2013 mass surveillance disclosures by Edward Snowden that the NSA and the British [[Organization:Government Communications Headquarters|Government Communications Headquarters]] (GCHQ) had access to the user data in iPhones, [[Engineering:BlackBerry|BlackBerry]], and [[Software:Android (operating system)|Android]] phones and could read almost all smartphone information, including SMS, location, emails, and notes.<ref name="spiegel20130907">{{cite news|url=http://www.spiegel.de/international/world/a-920971.html|title=Privacy Scandal: NSA Can Spy on Smart Phone Data|date=September 7, 2013|access-date=February 25, 2016|archive-date=September 19, 2019|archive-url=https://web.archive.org/web/20190919033145/https://www.spiegel.de/international/world/privacy-scandal-nsa-can-spy-on-smart-phone-data-a-920971.html|url-status=live}}</ref> Additionally, the leak stated that Apple had been a part of the government's surveillance program since 2012, however, Apple per their spokesman at the time, "had never heard of it".<ref>{{Cite web|url=https://www.usatoday.com/story/news/2013/06/06/nsa-surveillance-internet-companies/2398345/|title=NSA taps data from 9 major Net firms|website=USA Today|language=en|access-date=2019-05-05|archive-date=June 7, 2013|archive-url=https://web.archive.org/web/20130607113440/http://www.usatoday.com/story/news/2013/06/06/nsa-surveillance-internet-companies/2398345/|url-status=live}}</ref>

According to ''{{wipe|The New York Times}}'', Apple developed new encryption methods for its [[Software:IOS|iOS]] operating system, versions 8 and later, "so deep that Apple could no longer comply with government warrants asking for customer information to be extracted from devices."<ref name=postsnowden>{{cite news|url=https://www.nytimes.com/2014/09/27/technology/iphone-locks-out-the-nsa-signaling-a-post-snowden-era-.html|title=Signaling Post-Snowden Era, New iPhone Locks Out N.S.A.|date=September 27, 2014|access-date=February 25, 2016|first1=David E.|last1=Sanger|first2=Brian X.|last2=Chen|work=The New York Times|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092014/https://www.nytimes.com/2014/09/27/technology/iphone-locks-out-the-nsa-signaling-a-post-snowden-era-.html|url-status=live}}</ref> Throughout 2015, prosecutors advocated for the U.S. government to be able to compel decryption of iPhone contents.<ref>{{cite web|url=https://www.wired.com/2015/07/manhattan-da-iphone-crypto-foiled-cops-74-times/|title=Manhattan DA: iPhone Crypto Locked Out Cops 74 Times|date=July 8, 2015|access-date=February 25, 2016|magazine=Wired|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092004/https://www.wired.com/2015/07/manhattan-da-iphone-crypto-foiled-cops-74-times/|url-status=live}}</ref><ref>{{cite web|url=https://www.wsj.com/articles/encrypted-smartphones-challenge-investigators-1444692995|title=Encrypted Smartphones Challenge Investigators|first=Cat|last=Zakrzewski|date=October 12, 2015|work=The Wall Street Journal|access-date=February 25, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092201/https://www.wsj.com/articles/encrypted-smartphones-challenge-investigators-1444692995|url-status=live}}</ref><ref>{{cite web|url=http://appleinsider.com/articles/15/08/12/prosecutors-press-on-with-think-of-the-children-campaign-against-encryption-in-ios-android|title=Prosecutors press on with 'think of the children' campaign against encryption in iOS, Android|date=August 12, 2015|work=AppleInsider|access-date=February 25, 2016|archive-date=March 2, 2016|archive-url=https://web.archive.org/web/20160302221309/http://appleinsider.com/articles/15/08/12/prosecutors-press-on-with-think-of-the-children-campaign-against-encryption-in-ios-android|url-status=live}}</ref><ref>{{cite web|url=https://www.bloomberg.com/news/articles/2015-11-18/n-y-prosecutor-calls-for-phone-access-in-wake-of-paris-attacks|title=Apple, Google Urged to Crack Encrypted Phones in Terror Probes|first1=Tiffany|last1=Kary|first2=Chris|last2=Dolmetsch|date=November 18, 2015|work=Bloomberg News|access-date=February 25, 2016}}</ref>

In September 2015, Apple released a white paper detailing the security measures in its then-new [[Software:IOS 9|iOS 9]] operating system. iPhone models including the [[Engineering:IPhone 5C|iPhone 5C]] can be protected by a four-digit [[Personal identification number|PIN]] code. After more than ten incorrect attempts to unlock the phone with the wrong PIN, the contents of the phone will be rendered inaccessible by erasing the [[Advanced Encryption Standard|AES]] encryption key that protects its stored data. According to the Apple white paper, iOS includes a Device Firmware Upgrade (DFU) mode, and that "[r]estoring a device after it enters DFU mode returns it to a known good state with the certainty that only unmodified Apple-signed code is present."<ref>{{cite web|url=https://www.apple.com/business/docs/iOS_Security_Guide.pdf|title=iOS Security—Version 9 or later|work=Apple Inc.|date=September 2015|access-date=February 25, 2016|archive-date=February 27, 2016|archive-url=https://web.archive.org/web/20160227071343/http://www.apple.com/business/docs/iOS_Security_Guide.pdf|url-status=live}}</ref>

== Apple ordered to assist the FBI ==
The FBI recovered an Apple [[Engineering:IPhone 5C|iPhone 5C]]—owned by the San Bernardino County, California government—that had been issued to its employee, Syed Rizwan Farook, one of the shooters involved in the December 2015 San Bernardino attack.<ref>{{cite news|url=https://www.washingtonpost.com/world/national-security/us-wants-apple-to-help-unlock-iphone-used-by-san-bernardino-shooter/2016/02/16/69b903ee-d4d9-11e5-9823-02b905009f99_story.html|title=Apple vows to resist FBI demand to crack iPhone linked to San Bernardino attacks|newspaper=The Washington Post|date=February 17, 2016|access-date=February 18, 2016|first=Ellen|last=Nakashima|archive-date=February 17, 2016|archive-url=https://web.archive.org/web/20160217224411/https://www.washingtonpost.com/world/national-security/us-wants-apple-to-help-unlock-iphone-used-by-san-bernardino-shooter/2016/02/16/69b903ee-d4d9-11e5-9823-02b905009f99_story.html|url-status=live}}</ref> The attack killed 14 people and seriously injured 22. The two attackers died four hours after the attack in a shootout with police, having previously destroyed their personal phones. Authorities were able to recover Farook's work phone, but could not unlock its four-digit passcode,<ref>{{cite web | url=https://www.documentcloud.org/documents/2716000-031122954861.html | title=Government's Motion to Compel Apple Inc. to Comply With This Court's February 16, 2016 Order Compelling Assistance in Search | date=February 19, 2016 | first1=Eileen M. | last1=Decker | first2=Patricia A. | last2=Donahue | first3=Tracy L. | last3=Wilkison | first4=Allen W. | last4=Chiu | work=United States Attorneys | access-date=February 27, 2016 | archive-date=February 10, 2021 | archive-url=https://web.archive.org/web/20210210092005/https://www.documentcloud.org/documents/2716000-031122954861.html | url-status=live }}</ref><ref>{{cite news|last1=Zetter|first1=Kim|title=New Documents Solve a Few Mysteries in the Apple-FBI Saga|url=https://www.wired.com/2016/03/new-documents-solve-mysteries-apple-fbi-saga/|access-date=March 11, 2016|publisher=WIRED|date=March 11, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092010/https://www.wired.com/2016/03/new-documents-solve-mysteries-apple-fbi-saga/|url-status=live}}</ref> and the phone was programmed to automatically delete all its data after ten failed password attempts.

On February 9, 2016, the FBI announced that it was unable to unlock the county-owned phone it recovered, due to its advanced security features, including encryption of user data.<ref>{{cite web|url=https://www.reuters.com/article/us-california-shooting-encryption-idUSKCN0VI22A|title=FBI director says investigators unable to unlock San Bernardino shooter's phone content|work=Reuters|date=February 9, 2016|access-date=March 31, 2016|first1=Dustin|last1=Volz|first2=Mark|last2=Hosenball|archive-date=February 17, 2016|archive-url=https://web.archive.org/web/20160217161620/http://www.reuters.com/article/us-california-shooting-encryption-idUSKCN0VI22A|url-status=live}}</ref><ref>{{cite web|url=http://www.pe.com/articles/washington-794488-help-killer.html|title=SAN BERNARDINO SHOOTING: Apple must help US hack killer's phone|work=The Press-Enterprise|date=February 16, 2016|access-date=February 16, 2016|first1=Tami|last1=Abdollah|first2=Eric|last2=Tucker|archive-date=February 18, 2016|archive-url=https://web.archive.org/web/20160218092719/http://www.pe.com/articles/washington-794488-help-killer.html|url-status=live}}</ref> The FBI first asked the [[Organization:National Security Agency|National Security Agency]] to break into the phone, but they were unable to since they only had knowledge of breaking into other devices that are commonly used by criminals, and not iPhones.<ref>{{cite web|url=http://www.zdnet.com/article/nsa-comes-clean-on-why-it-couldnt-hack-san-bernardino-shooters-iphone/|title=NSA finally admits why it couldn't hack San Bernardino shooter's iPhone|work=ZDNet|date=June 10, 2016|access-date=June 11, 2016|first=Zack|last=Whittaker|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092225/https://www.zdnet.com/article/nsa-comes-clean-on-why-it-couldnt-hack-san-bernardino-shooters-iphone/|url-status=live}}</ref> As a result, the FBI asked [[Company:Apple Inc.|Apple Inc.]] to create a new version of the phone's [[Software:IOS|iOS]] [[Operating system|operating system]] that could be installed and run in the phone's random access memory to disable certain security features that Apple refers to as "GovtOS". Apple declined due to its policy which required it to never undermine the security features of its products. The FBI responded by successfully applying to a United States magistrate judge, Sheri Pym, to issue a court order, mandating Apple to create and provide the requested software.<ref>{{cite web|url=http://www.nbcnews.com/storyline/san-bernardino-shooting/judge-forces-apple-help-unlock-san-bernardino-shooter-iphone-n519701|title=Judge Forces Apple to Help Unlock San Bernardino Shooter iPhone|work=NBC News|date=February 16, 2016|access-date=February 16, 2016|first=Andrew|last=Blankstein|archive-date=February 17, 2016|archive-url=https://web.archive.org/web/20160217043031/http://www.nbcnews.com/storyline/san-bernardino-shooting/judge-forces-apple-help-unlock-san-bernardino-shooter-iphone-n519701|url-status=live}}</ref> The order was not a subpoena, but rather was issued under the All Writs Act of 1789.<ref>{{cite web|first=Robert M.|last=Chesney|url=https://www.lawfaremedia.org/article/apple-vs-fbi-going-dark-dispute-moves-congress-courtroom|title=Apple vs FBI: The Going Dark Dispute Moves from Congress to the Courtroom|work=Lawfare|date=February 17, 2016|access-date=February 20, 2016|archive-date=January 13, 2024|archive-url=https://web.archive.org/web/20240113123605/https://www.lawfaremedia.org/article/apple-vs-fbi-going-dark-dispute-moves-congress-courtroom|url-status=live}}</ref><ref>{{cite web |title=Full Explanation of Court Order to Apple to Unlock San Bernardino Shooters' iPhone and Apple Refusal (Full text of court order and Tim Cook's letter included) |first=Anne P. |last=Mitchell |url=http://www.theinternetpatrol.com/full-explanation-of-court-order-to-apple-to-unlock-san-bernardino-shooters-iphone-and-apple-refusal-full-text-of-court-order-and-tim-cooks-letter-included/ |publisher=The Internet Patrol |date=February 17, 2016 |access-date=February 26, 2016 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210092014/https://www.theinternetpatrol.com/full-explanation-of-court-order-to-apple-to-unlock-san-bernardino-shooters-iphone-and-apple-refusal-full-text-of-court-order-and-tim-cooks-letter-included/ |url-status=live }}</ref> The court order, called ''In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate #5KGD203'', was filed in the United States District Court for the Central District of California.<ref>{{cite web|title=Court Docket for USA v. In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203|url=https://www.docketalarm.com/cases/California_Central_District_Court/5--16-cm-00010/USA_v._In_the_Matter_of_the_Search_of_an_Apple_iPhone_Seized_During_the_Execution_of_a_Search_Warrant_on_a_Black_Lexus_IS300_California_License_Plate_35KGD203/|publisher=Docket Alarm|access-date=March 16, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092013/https://www.docketalarm.com/cases/California_Central_District_Court/5--16-cm-00010/USA_v._In_the_Matter_of_the_Search_of_an_Apple_iPhone_Seized_During_the_Execution_of_a_Search_Warrant_on_a_Black_Lexus_IS300_California_License_Plate_35KGD203/|url-status=live}}</ref><ref name=":0">{{cite web | url=https://assets.documentcloud.org/documents/2714005/SB-Shooter-Order-Compelling-Apple-Asst-iPhone.pdf | title=Order Compelling Apple, Inc. to Assist Agents in Search | date=February 16, 2016 | first=Sheri | last=Pym | publisher=United States District Court for the Central District of California | access-date=February 27, 2016 | archive-date=February 10, 2021 | archive-url=https://web.archive.org/web/20210210091942/https://assets.documentcloud.org/documents/2714005/SB-Shooter-Order-Compelling-Apple-Asst-iPhone.pdf | url-status=live }}</ref><ref>{{cite web|first=Edvard|last=Pettersson|url=https://www.bloomberg.com/politics/articles/2016-02-25/apple-says-u-s-can-t-force-it-to-unlock-terrorist-s-iphone-il2pjiw8|title=Apple Slams U.S. Bid to Make It Crack iPhone in Court Papers|work=Bloomberg Politics|date=February 25, 2016|access-date=February 25, 2016}}</ref>

The use of the All Writs Act to compel Apple to write new software was unprecedented and, according to legal experts, it was likely to prompt "an epic fight pitting privacy against national security."<ref name="DolanKimAllWrits">{{cite web|first1=Maura|last1=Dolan|first2=Victoria|last2=Kim|url=http://www.latimes.com/business/la-me-fbi-apple-legal-20160219-story.html|title=Apple-FBI fight over iPhone encryption pits privacy against national security|work=Los Angeles Times|date=February 18, 2016|access-date=February 20, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092242/https://www.latimes.com/business/la-me-fbi-apple-legal-20160219-story.html|url-status=live}}</ref> It was also pointed out that the implications of the legal precedent that would be established by the success of this action against Apple would go far beyond issues of privacy.<ref>{{cite web|first=Amy|last=Davidson|url=http://www.newyorker.com/news/amy-davidson/a-dangerous-all-writ-precedent-in-the-apple-case|title=The Dangerous All Writs Act Precedent in the Apple Encryption Case|work=New Yorker|date=February 19, 2016|access-date=February 20, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092226/https://www.newyorker.com/news/amy-davidson/a-dangerous-all-writ-precedent-in-the-apple-case|url-status=live}}</ref>

=== Technical details of the order ===
The court order specified that Apple provide assistance to accomplish the following:
# "it will bypass or disable the auto-erase function whether or not it has been enabled"<ref name=":0" /> (this user-configurable feature of iOS 8 automatically deletes keys needed to read encrypted data after ten consecutive incorrect attempts<ref>{{Cite web|url=https://assets.documentcloud.org/documents/2722199/5-15-MJ-00451-SP-USA-v-Black-Lexus-IS300.pdf|title=APPLE INC'S MOTION TO VACATE|last=Boutrous Jr.|first=Theodore J.|date=February 25, 2016|website=Documentcloud|page=51|access-date=March 14, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210091943/https://assets.documentcloud.org/documents/2722199/5-15-MJ-00451-SP-USA-v-Black-Lexus-IS300.pdf|url-status=live}}</ref>)
# "it will enable the FBI to submit passcodes to the SUBJECT DEVICE for testing electronically via the physical device port, Bluetooth, Wi-Fi, or other protocol available"<ref name=":0" />
# "it will ensure that when the FBI submits passcodes to the SUBJECT DEVICE, software running on the device will not purposefully introduce any additional delay between passcode attempts beyond what is incurred by Apple hardware"<ref name=":0" />
The order also specifies that Apple's assistance may include providing software to the FBI that "will be coded by Apple with a unique identifier of the phone so that the [software] would only load and execute on the SUBJECT DEVICE"<ref name=":0" />

There has been much research and analysis of the technical issues presented in the case since the court order was made available to the public.<ref>{{cite web|url=https://www.readysignon.com/step-step-technical-analysis-fbis-case-compelling-apple-unlock-san-bernardino-shooters-iphone/|archive-url=https://web.archive.org/web/20160403122351/https://readysignon.com/step-step-technical-analysis-fbis-case-compelling-apple-unlock-san-bernardino-shooters-iphone/|url-status=dead|archive-date=April 3, 2016|title=Analyzing the FBI case against Apple: A technical review|work=ReadySignOn|access-date=March 21, 2016}}</ref>

=== Apple's opposition to the order ===
The February 16, 2016 order issued by Magistrate Judge Pym gave Apple five days to apply for relief if Apple believed the order was "unreasonably burdensome". Apple announced its intent to oppose the order, citing the security risks that the creation of a [[Backdoor (computing)|backdoor]] would pose towards customers.<ref>{{cite news|url=http://www.cnn.com/2016/02/16/us/san-bernardino-shooter-phone-apple/|title=Apple opposes judge's order to hack San Bernardino shooter's iPhone|publisher=CNN|date=February 17, 2016|access-date=February 17, 2016|first1=Evan|last1=Perez|first2=Tim|last2=Hume|archive-date=February 18, 2016|archive-url=https://web.archive.org/web/20160218092519/http://www.cnn.com/2016/02/16/us/san-bernardino-shooter-phone-apple/|url-status=live}}</ref> It also stated that no government had ever asked for similar access.<ref>{{cite web|url=https://www.theguardian.com/technology/2016/feb/19/apple-fbi-encryption-battle-san-bernardino-shooting-syed-farook-iphone|title=Apple says the FBI is making access demands even China hasn't asked for|work=The Guardian|date=February 19, 2016|access-date=February 20, 2016|first=Danny|last=Yadron|archive-date=February 20, 2016|archive-url=https://web.archive.org/web/20160220042614/http://www.theguardian.com/technology/2016/feb/19/apple-fbi-encryption-battle-san-bernardino-shooting-syed-farook-iphone|url-status=live}}</ref> The company was given until February 26 to fully respond to the court order.<ref>{{cite web|url=http://www.pe.com/articles/apple-794741-time-bernardino.html|title=SAN BERNARDINO SHOOTING: Apple gets more time to file its response|work=The Press-Enterprise|date=February 19, 2016|access-date=February 19, 2016|archive-date=February 20, 2016|archive-url=https://web.archive.org/web/20160220103553/http://www.pe.com/articles/apple-794741-time-bernardino.html|url-status=live}}</ref><ref>{{cite web|url=https://money.cnn.com/2016/03/21/technology/apple-fbi-tuesday/index.html|title=Apple will battle the FBI in court Tuesday|last=Pagliery|first=Jose|work=CNN Money|date=March 21, 2016|access-date=April 20, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092020/https://money.cnn.com/2016/03/21/technology/apple-fbi-tuesday/index.html|url-status=live}}</ref>

On the same day the order was issued, [[Social:Chief executive officer|chief executive officer]] Tim Cook released an online statement to Apple customers, explaining the company's motives for opposing the court order. He also stated that while they respect the FBI, the request they made threatens data security by establishing a precedent that the U.S. government could use to force any technology company to create software that could undermine the security of its products.<ref name=AppleCook>{{cite web|url=https://www.apple.com/customer-letter/|title=A Message to Our Customers|publisher=Apple Inc.|date=February 16, 2016|access-date=February 19, 2016|first=Tim|last=Cook|archive-date=February 17, 2016|archive-url=https://web.archive.org/web/20160217084120/http://www.apple.com/customer-letter/|url-status=live}}</ref> He said in part:

{{blockquote|The United States government has demanded that Apple take an unprecedented step which threatens the security of our customers. We oppose this order, which has implications far beyond the legal case at hand. This moment calls for public discussion, and we want our customers and people around the country to understand what is at stake.<ref name=AppleCook/>}}

In response to the opposition, on February 19, the U.S. Department of Justice filed a new application urging a federal judge to compel Apple to comply with the order.<ref>{{cite web|url=https://abcnews.go.com/US/doj-escalates-battle-apple-san-bernardino-shooters-phone/story?id=37056775|title=DOJ Escalates Battle With Apple Over San Bernardino Shooter's Phone|work=ABC News|date=February 19, 2016|access-date=February 19, 2016|first1=Mike|last1=Levine|first2=Jack|last2=Date|first3=Jack|last3=Cloherty|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092230/https://abcnews.go.com/US/doj-escalates-battle-apple-san-bernardino-shooters-phone/story?id=37056775|url-status=live}}</ref> The new application stated that the company could install the software on the phone in its own premises, and after the FBI had hacked the phone via remote connection, Apple could remove and destroy the software.<ref>{{cite news|url=http://www.scpr.org/news/2016/02/19/57752/san-bernardino-justice-department-files-new-motion|title=San Bernardino shooting: US says Apple could keep, destroy software to help FBI hack iPhone|agency=Associated Press|date=February 19, 2016|access-date=February 19, 2016|archive-date=February 20, 2016|archive-url=https://web.archive.org/web/20160220090543/http://www.scpr.org/news/2016/02/19/57752/san-bernardino-justice-department-files-new-motion/|url-status=live}}</ref> Apple hired attorneys Ted Olson and Theodore J. Boutrous Jr. to fight the order on appeal.<ref name="DolanKimAllWrits" />

The same day, Apple revealed that in early January it had discussed with the FBI four methods to access data in the iPhone, but, as was revealed by a footnote in the February 19 application to the court, one of the more promising methods was ruled out by a mistake during the investigation of the attack. After the shooter's phone had been recovered, the FBI asked San Bernardino County, the owner of the phone, to reset the password to the shooter's [[Company:ICloud|iCloud]] account in order to acquire data from the iCloud backup. However, this rendered the phone unable to backup recent data to iCloud, until the new iCloud password was entered. This however, requires the phone to be unlocked.<ref>{{cite web|url=http://www.latimes.com/business/la-fi-tn-apple-fbi-call-20160219-story.html|title=Apple and feds reveal San Bernardino shooter's iCloud password was reset hours after attack|work=Los Angeles Times|date=February 19, 2016|access-date=February 19, 2016|first=Paresh|last=Dave|archive-date=February 21, 2016|archive-url=https://web.archive.org/web/20160221034818/http://www.latimes.com/business/la-fi-tn-apple-fbi-call-20160219-story.html|url-status=live}}</ref><ref>{{cite web|url=https://www.yahoo.com/gma/san-bernardino-shooters-apple-id-passcode-changed-while-234003785--abc-news-topstories.html|title=San Bernardino Shooter's Apple ID Passcode Changed While in Government Possession, Apple Says|work=Yahoo! GMA|date=February 19, 2016|access-date=February 19, 2016|first=Jack|last=Date|archive-date=March 9, 2018|archive-url=https://web.archive.org/web/20180309053127/https://www.yahoo.com/gma/san-bernardino-shooters-apple-id-passcode-changed-while-234003785--abc-news-topstories.html|url-status=live}}</ref><ref name=ReutersFeb20>{{cite news|last1=Volz|first1=Dustin|last2=Edwards|first2=Julia|title=U.S., Apple ratchet up rhetoric in fight over encryption|url=https://www.reuters.com/article/us-apple-encryption-doj-idUSKCN0VS2FT|work=Reuters|date=February 20, 2016|access-date=February 20, 2016|archive-date=February 19, 2016|archive-url=https://web.archive.org/web/20160219231104/http://www.reuters.com/article/us-apple-encryption-doj-idUSKCN0VS2FT|url-status=live}}</ref> This was confirmed by the U.S. Department of Justice, which then added that any backup would have been "insufficient" because they would not have been able to recover enough information from it.<ref>{{cite web|url=http://ktla.com/2016/02/20/apple-says-law-enforcement-missed-chance-to-back-up-san-bernardino-shooters-iphone|title=Apple Says Law Enforcement Missed Chance to Back Up San Bernardino Shooter's iPhone|work=CNN Wire|date=February 20, 2016|access-date=February 20, 2016|archive-date=February 21, 2016|archive-url=https://web.archive.org/web/20160221090353/http://ktla.com/2016/02/20/apple-says-law-enforcement-missed-chance-to-back-up-san-bernardino-shooters-iphone/|url-status=live}}</ref>

=== Legal arguments ===
The government cited as precedent ''United States v. New York Telephone Co.'', in which the Supreme Court ruled in 1977 that the All Writs Act gave courts the power to demand reasonable technical assistance from the phone company in accessing phone calling records. Apple responded that New York Telephone was already collecting the data in question in the course of its business, something the Supreme Court took note of in its ruling. Apple also asserts that being compelled to write new software "amounts to compelled speech and viewpoint discrimination in violation of the First Amendment. ... What is to stop the government from demanding that Apple write code to turn on the microphone in aid of government surveillance, activate the video camera, surreptitiously record conversations, or turn on location services to track the phone's user?" Apple argued that the FBI had not made use of all of the government's tools, such as employing the resources of the NSA. A hearing on the case was scheduled for March 22, 2016.<ref name=wired216>{{cite web|url=https://www.wired.com/2016/02/apple-brief-fbi-response-iphone/|title=Apple to FBI: You Can't Force Us to Hack the San Bernardino iPhone|first1=Kim|last1=Zetter|first2=Brian|last2=Barrett|magazine=Wired|date=February 25, 2016|access-date=February 25, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092014/https://www.wired.com/2016/02/apple-brief-fbi-response-iphone/|url-status=live}}</ref>

San Bernardino County District Attorney Michael Ramos filed a brief stating the iPhone may contain evidence of a "lying dormant cyber pathogen" that could have been introduced into the San Bernardino County computer network,<ref>{{cite web|last1=Fagan|first1=Gary|title=In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203|url=https://arstechnica.com/wp-content/uploads/2016/03/sanbernardo.pdf|work=Ars Tecnica|date=March 4, 2016|access-date=March 10, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210091945/https://cdn.arstechnica.net/wp-content/uploads/2016/03/sanbernardo.pdf|url-status=live}}</ref><ref>{{cite news | first = David | last = Kravets | title = San Bernardino DA says seized iPhone may hold "dormant cyber pathogen" | url = https://arstechnica.com/tech-policy/2016/03/san-bernardino-da-says-seized-iphone-may-hold-dormant-cyber-pathogen/ | work = Ars Technica | date = March 3, 2016 | access-date = March 4, 2016 | quote = The iPhone is a county owned telephone that may have connected to the San Bernardino County computer network. The seized iPhone may contain evidence that can only be found on the seized phone that it was used as a weapon to introduce a lying dormant cyber pathogen that endangers San Bernardino's infrastructure. | archive-date = March 5, 2016 | archive-url = https://web.archive.org/web/20160305023142/http://arstechnica.com/tech-policy/2016/03/san-bernardino-da-says-seized-iphone-may-hold-dormant-cyber-pathogen/ | url-status = live }}</ref><ref>{{cite web|url=http://www.pe.com/articles/san-796176-bernardino-launced.html|title=SAN BERNARDINO SHOOTING: DA fears terrorist's iPhone could have launched cyber attack|work=The Press-Enterprise|date=March 4, 2016|access-date=March 5, 2016|first=David|last=Downey|archive-date=March 6, 2016|archive-url=https://web.archive.org/web/20160306110731/http://www.pe.com/articles/san-796176-bernardino-launced.html|url-status=live}}</ref> as well as identification of a possible third gunman who was alleged to have been seen at the scene of the attack by eyewitnesses.<ref>{{cite news|url=http://www.cbsnews.com/news/san-bernardino-shooting-prosecutor-iphone-could-id-unknown-attacker/|title=Prosecutor: iPhone could ID unknown San Bernardino attacker|work=CBS News|agency=Associated Press|date=March 4, 2016|access-date=March 5, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092012/https://www.cbsnews.com/news/san-bernardino-shooting-prosecutor-iphone-could-id-unknown-attacker/|url-status=live}}</ref> The following day, Ramos told the Associated Press that he did not know whether the shooters had compromised the county's infrastructure, but the only way to know for sure was by gaining access to the iPhone.<ref>{{cite news |last1=Bailey |first1=Brandon |title=Does an extremist's iPhone contain a "cyber pathogen"? |url=http://hosted.ap.org/dynamic/stories/U/US_TEC_APPLE_IPHONE_PATHOGEN?SITE=TXWIC&SECTION=HOME&TEMPLATE=DEFAULT |agency=Associated Press |date=March 3, 2016 |access-date=March 10, 2016 |url-status=dead |archive-url=https://web.archive.org/web/20160310183553/http://hosted.ap.org/dynamic/stories/U/US_TEC_APPLE_IPHONE_PATHOGEN?SITE=TXWIC&SECTION=HOME&TEMPLATE=DEFAULT |archive-date=March 10, 2016 |df=mdy }}</ref><ref name="ars2">{{cite news|last1=Kravets|first1=David|title=What is a "lying-dormant cyber pathogen?" San Bernardino DA says it's made up [Update]|url=https://arstechnica.com/tech-policy/2016/03/what-is-a-lying-dormant-cyber-pathogen-san-bernardino-da-wont-say/|access-date=March 5, 2016|publisher=Ars Technica|date=March 4, 2016|quote=Did he use the county's infrastructure? Did he hack into that infrastructure? I don't know. In order for me to really put that issue to rest, there is one piece of evidence that would absolutely let us know that, and that would be the iPhone.|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092024/https://arstechnica.com/tech-policy/2016/03/what-is-a-lying-dormant-cyber-pathogen-san-bernardino-da-wont-say/|url-status=live}}</ref> This statement has been criticized by cyber-security professionals as being improbable.<ref name="ars2" /><ref>{{cite news|last1=Collins|first1=Katie|title=Harry Potter fiction or iPhone weaponry? The 'dormant cyber pathogen' at the heart of Apple vs. FBI|url=http://www.cnet.com/news/apple-vs-fbi-harry-potter-iphone-dormant-cyber-pathogen/|access-date=March 5, 2016|publisher=CNET|date=March 4, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092015/https://www.cnet.com/news/apple-vs-fbi-harry-potter-iphone-dormant-cyber-pathogen/|url-status=live}}</ref><ref>{{cite news|title=What's a 'cyber pathogen'? San Bernardino DA baffles security community|url=https://www.theguardian.com/technology/2016/mar/04/san-bernardino-da-baffles-security-community-lying-dormant-cyber-pathogen-iphone|access-date=March 5, 2016|work=The Guardian|date=March 4, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092029/https://www.theguardian.com/technology/2016/mar/04/san-bernardino-da-baffles-security-community-lying-dormant-cyber-pathogen-iphone|url-status=live}}</ref><ref>{{cite news|last1=Russel|first1=Jon|title=San Bernardino DA claims Syed Farouk's iPhone may house 'cyber pathogen'|url=https://techcrunch.com/2016/03/03/san-bernardino-da-claims-syed-farouks-iphone-may-house-cyber-pathogen/|access-date=March 5, 2016|publisher=Tech Crunch|date=March 4, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092029/https://techcrunch.com/2016/03/03/san-bernardino-da-claims-syed-farouks-iphone-may-house-cyber-pathogen/|url-status=live}}</ref>

== Tim Cook's statements==
In an interview for a ''{{wipe|Time (magazine)}}'' magazine cover story, Cook said that the issue is not "privacy versus security ... it's privacy and security or privacy and safety versus security." Cook also said, "[T]his is the golden age of surveillance that we live in. There is more information about all of us, so much more than ten years ago, or five years ago. It's everywhere. You are leaving digital footprints everywhere."<ref>{{cite magazine|url=http://time.com/4261796/tim-cook-transcript/|title=Transcript of Nancy Gibbs' interview with Tim Cook|magazine=Time|date=March 18, 2016|access-date=March 18, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092211/https://time.com/4261796/tim-cook-transcript/|url-status=live}}</ref>

In a March 21, 2016, Apple press conference, Cook talked about the ongoing conflict with the FBI, saying, "[W]e have a responsibility to protect your data and your privacy. We will not shrink from this responsibility."<ref>{{cite web|url=https://techcrunch.com/2016/03/21/apples-tim-cook-on-iphone-unlocking-case-we-will-not-shrink-from-this-responsibility/|title=Apple's Tim Cook on iPhone unlocking case: 'We will not shrink from this responsibility'|date=March 21, 2016|publisher=AOL|agency=TechCrunch|access-date=March 21, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092029/https://techcrunch.com/2016/03/21/apples-tim-cook-on-iphone-unlocking-case-we-will-not-shrink-from-this-responsibility/|url-status=live}}</ref>

=== FBI withdrawal of request ===
On March 21, 2016, the government requested and was granted a delay, saying a third party had demonstrated a possible way to unlock the iPhone in question and the FBI needed more time to determine if it will work.<ref>{{cite web|url=https://finance.yahoo.com/news/latest-fbi-may-found-way-230554970.html|title=The Latest: FBI, Apple hearing over unlocking phone canceled|publisher=Yahoo! News|agency=Associated Press|date=March 21, 2016|access-date=March 21, 2016}}</ref><ref>{{cite web|url=http://www.cbsnews.com/news/fbi-may-have-found-way-to-unlock-san-bernardino-shooters-iphone/|title=FBI may have found way to unlock San Bernardino shooter's iPhone|work=CBS News|agency=Associated Press|date=March 21, 2016|access-date=March 22, 2016|archive-date=March 25, 2016|archive-url=https://web.archive.org/web/20160325150230/http://www.cbsnews.com/news/fbi-may-have-found-way-to-unlock-san-bernardino-shooters-iphone/|url-status=live}}</ref><ref>{{cite web|url=http://www.pe.com/articles/company-797859-fbi-israeli.html|title=SAN BERNARDINO SHOOTING: Israeli company is helping the FBI, reports say|work=The Press-Enterprise|date=March 23, 2016|access-date=March 23, 2016|archive-date=March 24, 2016|archive-url=https://web.archive.org/web/20160324171813/http://www.pe.com/articles/company-797859-fbi-israeli.html|url-status=live}}</ref> On March 28, 2016, the FBI said it had unlocked the iPhone with the third party's help, and an anonymous official said that the hack's applications were limited; the Department of Justice withdrew the case.<ref>{{cite web|url=https://money.cnn.com/2016/03/28/news/companies/fbi-apple-iphone-case-cracked/index.html|title=FBI says it has cracked terrorist's iPhone without Apple's help|work=CNN Money|date=March 28, 2016|access-date=March 28, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092016/https://money.cnn.com/2016/03/28/news/companies/fbi-apple-iphone-case-cracked/index.html|url-status=live}}</ref><ref>{{cite web|url=https://abcnews.go.com/Technology/justice-department-withdraws-request-apple-iphone-encryption-case/story?id=37986428|title=Justice Department Withdraws Request in Apple iPhone Encryption Case After FBI Accesses San Bernardino Shooter's Phone|work=ABC News|first1=Jack|last1=Dale|first2=Mike|last2=Levine|first3=Alyssa|last3=Newcomb|date=March 28, 2016|access-date=March 28, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092212/https://abcnews.go.com/Technology/justice-department-withdraws-request-apple-iphone-encryption-case/story?id=37986428|url-status=live}}</ref> The lawyer for the FBI claimed that they were using the alleged extracted information to further investigate the case.<ref>{{cite web|url=https://www.nytimes.com/2016/04/06/technology/fbi-lawyer-wont-say-if-data-from-unlocked-iphone-is-useful.html|title=F.B.I. Lawyer Won't Say if Data From Unlocked iPhone Is Useful|work={{wipe|The New York Times}}|first=Eric|last=Lichtblau|date=April 6, 2016|access-date=April 6, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092032/https://www.nytimes.com/2016/04/06/technology/fbi-lawyer-wont-say-if-data-from-unlocked-iphone-is-useful.html?_r=0|url-status=live}}</ref>

On April 7, 2016, FBI Director James Comey said that the tool used could only unlock an iPhone 5C like that used by the San Bernardino shooter as well as older iPhone models lacking the [[Touch ID]] sensor. Comey also confirmed that the tool was purchased from a third party but would not reveal the source,<ref>{{cite web|first=Samuel|last=Gibbs|date=April 7, 2016|url=https://www.theguardian.com/technology/2016/apr/07/san-bernardino-iphone-hack-work-newer-models-fbi-james-comey|title=San Bernardino iPhone hack won't work on newer models, says FBI|work=The Guardian|access-date=April 7, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092031/https://www.theguardian.com/technology/2016/apr/07/san-bernardino-iphone-hack-work-newer-models-fbi-james-comey|url-status=live}}</ref> later indicating the tool cost more than $1.3 million and that they did not purchase the rights to technical details about how the tool functions.<ref>{{cite web|url=https://www.nytimes.com/2016/04/22/us/politics/fbi-director-suggests-bill-for-iphone-hacking-was-1-3-million.html|title=F.B.I. Director Suggests Bill for iPhone Hacking Topped $1.3 Million|first1=Eric|last1=Lichtblau|first2=Katie|last2=Benner|work=The New York Times|date=April 21, 2016|access-date=April 25, 2016|quote=Comey said the cost was 'more than I will make in the remainder of this job, which is 7 years and 4 months.'|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092233/https://www.nytimes.com/2016/04/22/us/politics/fbi-director-suggests-bill-for-iphone-hacking-was-1-3-million.html|url-status=live}}</ref> Although the FBI claimed they were able to use other technological means to access the cellphone data from the San Bernardino shooter's iPhone 5C, without the aid of Apple, law enforcement still expresses concern over the encryption controversy.<ref name=":1">{{Cite web|url=http://www.dailypress.com/news/crime/dp-nws-phone-encryption-20150412-story.html|title=Law enforcement worries over beefed-up phone encryption|last=Dujardin|first=Peter|date=April 12, 2015|website=Daily Press|access-date=May 2, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092019/https://www.dailypress.com/news/crime/dp-nws-phone-encryption-20150412-story.html|url-status=live}}</ref>

Some news outlets, citing anonymous sources, identified the third party as Israeli company [[Company:Cellebrite|Cellebrite]]. However, ''The Washington Post'' reported that, according to anonymous "people familiar with the matter", the FBI had instead paid "professional hackers" who used a [[Zero-day (computing)|zero-day]] vulnerability in the iPhone's software to bypass its ten-try limitation, and did not need Cellebrite's assistance.<ref>{{cite news|first=Ellen|last=Nakashima|url=https://www.washingtonpost.com/world/national-security/fbi-paid-professional-hackers-one-time-fee-to-crack-san-bernardino-iphone/2016/04/12/5397814a-00de-11e6-9d36-33d198ea26c5_story.html|title=FBI paid professional hackers one-time fee to crack San Bernardino iPhone|newspaper=The Washington Post|date=April 12, 2016|access-date=April 14, 2016|archive-date=April 14, 2016|archive-url=https://web.archive.org/web/20160414134313/https://www.washingtonpost.com/world/national-security/fbi-paid-professional-hackers-one-time-fee-to-crack-san-bernardino-iphone/2016/04/12/5397814a-00de-11e6-9d36-33d198ea26c5_story.html|url-status=live}}</ref><ref>{{Cite web|url=http://www.mbgadget.com/2016/03/government-keeping-his-technique-to.html|title=Government keeping his technique to crack San Bernardino iPhone 'classified'|website=www.mbgadget.com|access-date=2016-12-02}}</ref> In April 2021, ''The Washington Post'' reported that the Australian company Azimuth Security, a [[White hat (computer security)|white hat]] hacking firm, had been the one to help the FBI.<ref>{{Cite news|last1=Nakashima|first1=Ellen|last2=Albergotti|first2=Reed|date=April 14, 2021|title=The FBI wanted to unlock the San Bernardino shooter's iPhone. It turned to a little-known Australian firm.|newspaper={{wipe|The Washington Post}}|url=https://www.washingtonpost.com/technology/2021/04/14/azimuth-san-bernardino-apple-iphone-fbi/|access-date=April 15, 2021}}</ref>

== Other All Writs Act cases involving iPhones ==
[[File:State-by-state usage of the All Writs Act on Apple and Google.svg|thumb|right|State-by-state usage of the All Writs Act by the [[federal government of the United States]] against Apple Inc. and Google:<ref>{{cite web|last1=Pagliery|first1=Jose|title=Here are the places feds are using a controversial law to unlock phones|url=https://money.cnn.com/2016/03/30/technology/phones-all-writs-act/index.html?sr=twmoney050116phones-all-writs-act0531AMStoryLink&linkId=23917662|website=CNN|publisher=Time Warner|access-date=April 30, 2016|date=March 30, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092021/https://money.cnn.com/2016/03/30/technology/phones-all-writs-act/index.html?sr=twmoney050116phones-all-writs-act0531AMStoryLink&linkId=23917662|url-status=live}}</ref>
{{legend|#0854b1|Apple Inc.}}
{{legend|#e61616|Google}}
{{legend|#6505a1|Apple Inc. and Google}}]]
Apple had previously challenged the U.S. Department of Justice's authority to compel it to unlock an iPhone 5S in a drug case in the United States District Court for the Eastern District of New York in Brooklyn (''In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by the Court'', case number 1:15-mc-01902<ref name="MemOrder" />), after the [[Social:Magistrate|magistrate judge]] in the case, James Orenstein, requested Apple's position before issuing an order.<ref>{{cite web|first=Emily|last=Field|url=http://www.law360.com/articles/718821/apple-says-gov-t-can-t-force-it-to-unlock-iphone|title=Apple Says Gov't Can't Force It To Unlock iPhone|work=Law360|access-date=March 3, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092239/https://www.law360.com/articles/718821/apple-says-gov-t-can-t-force-it-to-unlock-iphone|url-status=live}}</ref><ref>{{cite web|url=http://www.ft.com/cms/s/0/c811f652-dade-11e5-98fd-06d75973fe09.html|title=Apple's legal strategy v FBI has roots in case heard last year|first1=Tim|last1=Bradshaw|first2=Richard|last2=Waters|work=[[Social:Financial Times|Financial Times]]|date=February 24, 2016|access-date=February 25, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092028/https://www.ft.com/content/c811f652-dade-11e5-98fd-06d75973fe09|url-status=live}}</ref><ref>{{cite web|url=http://blogs.reuters.com/alison-frankel/2016/02/17/how-a-n-y-judge-inspired-apples-encryption-fight-with-justice/|title=How a N.Y. judge inspired Apple's encryption fight with Justice|first=Alison|last=Frankel|work=Reuters|date=February 17, 2016|access-date=March 11, 2016|archive-date=March 12, 2016|archive-url=https://web.archive.org/web/20160312121720/http://blogs.reuters.com/alison-frankel/2016/02/17/how-a-n-y-judge-inspired-apples-encryption-fight-with-justice/|url-status=dead}}</ref> On February 29, 2016, Judge Orenstein denied the government's request, saying the All Writs Act cannot be used to force a company to modify its products: "The implications of the government's position are so far-reaching – both in terms of what it would allow today and what it implies about Congressional intent in 1789 – as to produce impermissibly absurd results."<ref>{{cite web|url=https://www.theguardian.com/technology/2016/feb/29/apple-fbi-case-drug-dealer-iphone-jun-feng-san-bernardino|title=Apple case: judge rejects FBI request for access to drug dealer's iPhone|first1=Spencer|last1=Ackerman|first2=Sam|last2=Thielman|first3=Danny|last3=Yadron|work=The Guardian|date=February 29, 2016|access-date=February 29, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092028/https://www.theguardian.com/technology/2016/feb/29/apple-fbi-case-drug-dealer-iphone-jun-feng-san-bernardino|url-status=live}}</ref> Orenstein went on to criticize the government's stance, writing, "It would be absurd to posit that the authority the government sought was anything other than obnoxious to the law."<ref name="MemOrder">[https://www.documentcloud.org/documents/2728314-Orenstein-Order.html In Re Order requiring Apple, Inc. to assist in the execution of a search warrant issued by the court, Memorandum and Order] {{Webarchive|url=https://web.archive.org/web/20210210092215/https://www.documentcloud.org/documents/2728314-Orenstein-Order.html |date=February 10, 2021 }}, James Orenstein, Magistrate Judge, U.S. District Court, Eastern District of New York (Brooklyn), 1:15-mc-1902 (JO), February 29, 2016</ref><ref name="Smythe1" /><ref>{{cite web|url=https://www.bloomberg.com/news/articles/2016-02-29/apple-wins-in-brooklyn-battle-over-unlocking-iphone|title=Apple Wins in Brooklyn Battle Over Unlocking iPhone|first1=Christie|last1=Smythe|first2=Tiffany|last2=Kary|work=Bloomberg News|date=February 29, 2016|access-date=March 2, 2016}}</ref> The Justice Department appealed the ruling to District Court Judge Margot Brodie.<ref>{{cite news|url=https://news.yahoo.com/justice-department-asks-judge-revisit-ny-iphone-case-011447599--finance.html|title=Justice Department asks judge to revisit NY iPhone case|first=Julia|last=Edwards|agency=Reuters|publisher=Yahoo! News|date=March 7, 2016|access-date=March 8, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092044/https://news.yahoo.com/justice-department-asks-judge-revisit-ny-iphone-case-011447599--finance.html|url-status=live}}</ref> Apple requested a delay while the FBI attempted to access the San Bernardino iPhone without Apple's help.<ref>{{cite web|url=https://finance.yahoo.com/news/citing-fbi-quest-apple-asks-145752747.html|title=Citing FBI quest, Apple asks judge to delay iPhone data case|publisher=Yahoo! News|agency=Associated Press|date=March 25, 2016|access-date=March 25, 2016}}</ref> On April 8, after the FBI succeeded, the Justice Department told the Brooklyn court it intended to press forward with its demand for assistance there,<ref>{{cite web|url=https://finance.yahoo.com/news/u-continue-appeal-iphone-data-151043351.html|title=U.S. to continue appeal of iPhone data case in New York|publisher=Yahoo! Finance|agency=Reuters|date=April 8, 2016|access-date=April 8, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092049/https://finance.yahoo.com/news/u-continue-appeal-iphone-data-151043351.html|url-status=live}}</ref> but on April 22, the government withdrew its request, telling the court "an individual" (the suspect, according to press reports) had provided the correct passcode.<ref>{{cite web|url=http://www.ft.com/intl/cms/s/0/d1090a5c-0905-11e6-b6d3-746f8e9cdd33.html#axzz46q2skSK8|title=FBI ends stand-off with Apple over iPhone|first=Tim|last=Bradshaw|work=FT|date=April 23, 2016|access-date=April 25, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092244/https://www.ft.com/content/d1090a5c-0905-11e6-b6d3-746f8e9cdd33#axzz46q2skSK8|url-status=live}}</ref>

In addition to the San Bernardino case and the Brooklyn case, Apple has received at least nine different requests from federal courts under the All Writs Act for iPhone or [[Engineering:IPad|iPad]] products. Apple has objected to these requests. This fact was revealed by Apple in court filings in the Brooklyn case made at the request of the judge in that case. Most of these requests call upon Apple "to use its existing capabilities to extract data like contacts, photos and calls from locked iPhones running on operating systems iOS7 and older" (as in the Brooklyn case), while others "involve phones with more extensive encryption, which Apple cannot break" and presumably seek to order Apple to "design new software to let the government circumvent the device's security protocols and unlock the phone" (as in the San Bernardino case).<ref name="McLaughlin"/>

== Reactions ==
National reactions to Apple's opposition of the order were mixed.<ref>{{cite news|url=http://www.cnn.com/2016/02/18/us/san-bernardino-shooter-phone-apple-reaction|title=Anger, praise for Apple for rebuffing FBI over San Bernardino killer's phone|publisher=CNN|date=February 18, 2016|access-date=February 19, 2016|first1=Greg|last1=Botelho|first2=Lorenza|last2=Brascia|first3=Michael|last3=Martinez|archive-date=February 19, 2016|archive-url=https://web.archive.org/web/20160219103313/http://www.cnn.com/2016/02/18/us/san-bernardino-shooter-phone-apple-reaction/|url-status=live}}</ref> A CBS News poll that sampled 1,022 Americans found that 50% of the respondents supported the FBI's stance, while 45% supported Apple's stance.<ref>{{cite web|url=http://www.cbsnews.com/news/cbs-news-poll-americans-split-on-unlocking-san-bernardino-shooters-iphone/|title=CBS News poll: Americans split on unlocking San Bernardino shooter's iPhone|work=CBS News|date=March 18, 2016|access-date=March 19, 2016|archive-date=March 20, 2016|archive-url=https://web.archive.org/web/20160320032136/http://www.cbsnews.com/news/cbs-news-poll-americans-split-on-unlocking-san-bernardino-shooters-iphone/|url-status=live}}</ref> Also, 1,002 surveyed Americans who own smartphones were divided into two sides; 51% were against Apple's decision, while 38% supported their stance.<ref>{{cite web|url=http://www.people-press.org/2016/02/22/more-support-for-justice-department-than-for-apple-in-dispute-over-unlocking-iphone/|title=More Support for Justice Department Than for Apple in Dispute Over Unlocking iPhone|website=Pew Research Center for the People and the Press|date=February 22, 2016 |access-date=April 24, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092227/https://www.pewresearch.org/politics/2016/02/22/more-support-for-justice-department-than-for-apple-in-dispute-over-unlocking-iphone/|url-status=live}}</ref>

=== Support for Apple ===
The Reform Government Surveillance coalition, which includes major tech firms like [[Company:Google|Google]], [[Company:Microsoft|Microsoft]], [[Company:Facebook|Facebook]], [[Company:Yahoo!|Yahoo!]], [[Company:Twitter|Twitter]], and [[Company:LinkedIn|LinkedIn]], has indicated its opposition to the order.<ref>{{cite news|title=Reform Government Surveillance Statement Regarding Encryption and Security|url=http://reformgs.tumblr.com/post/139513553507/reform-government-surveillance-statement|agency=Reform Government Surveillance|date=February 17, 2016|access-date=February 24, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092216/https://reformgs.tumblr.com/post/139513553507/reform-government-surveillance-statement|url-status=live}}</ref><ref>{{cite news|last1=Clark|first1=Jack|title=Google, Tech Companies Side With Apple in Decryption Protest|url=https://www.bloomberg.com/news/articles/2016-02-18/google-sides-with-apple-in-protesting-government-decryption|access-date=February 24, 2016|publisher=[[Company:Bloomberg L.P.|Bloomberg]]|date=February 17, 2016}}</ref><ref>{{cite news|last1=Andor Brodeur|first1=Michael|title=FBI v. Apple: What's at stake in encryption fight|url=https://www.bostonglobe.com/arts/2016/02/23/fbi-apple-what-stake-encryption-fight/cYlBxyhfMIrzU3EvnAqIaI/story.html|access-date=February 23, 2016|newspaper=The Boston Globe|date=February 23, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092049/https://www.bostonglobe.com/arts/2016/02/23/fbi-apple-what-stake-encryption-fight/cYlBxyhfMIrzU3EvnAqIaI/story.html|url-status=live}}</ref> By March 3, the deadline, a large number of ''amicus curiae'' briefs were filed with the court, with numerous technology firms supporting Apple's position, including a joint brief from Amazon.com, [[Company:Box|Box]], [[Company:Cisco Systems|Cisco Systems]], [[Software:Dropbox (service)|Dropbox]], [[Software:Evernote|Evernote]], Facebook, [[Company:Google|Google]], [[Software:Lavabit|Lavabit]], Microsoft, Mozilla, [[Company:Nest Labs|Nest Labs]], [[Company:Pinterest|Pinterest]], [[Company:Slack Technologies|Slack Technologies]], [[Software:Snapchat|Snapchat]], [[Software:WhatsApp|WhatsApp]], and Yahoo!. Briefs from the American Civil Liberties Union, the [[Organization:Electronic Frontier Foundation|Electronic Frontier Foundation]], Access Now, and the Center for Democracy and Technology also supported Apple.<ref>{{cite web|url=https://www.theverge.com/2016/3/3/11156704/apple-fbi-amicus-briefs-iphone-encryption-fight|title=Google, Microsoft, and other tech giants file legal briefs in support of Apple|first=Russell|last=Brandom|work=The Verge|date=March 3, 2016|access-date=March 4, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092051/https://www.theverge.com/2016/3/3/11156704/apple-fbi-amicus-briefs-iphone-encryption-fight|url-status=live}}</ref><ref>{{cite web|url=https://cdn3.vox-cdn.com/uploads/chorus_asset/file/6141865/appleBriefasfiled__1___1_.0.pdf|title=Brief of Amici Curiae Amazon, et. al.|first1=Michael|last1=Maddigan|first2=Neil|last2=Katyal|work=Hogan Lovells US LLP|date=March 2, 2016|access-date=March 4, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092005/https://cdn3.vox-cdn.com/uploads/chorus_asset/file/6141865/appleBriefasfiled__1___1_.0.pdf|url-status=live}}</ref><ref>{{cite web|url = https://www.apple.com/pr/library/2016/03/03Amicus-Briefs-in-Support-of-Apple.html|title = Amicus Briefs in Support of Apple|date = March 3, 2016|access-date = March 4, 2016|publisher = Apple Press Info|archive-date = February 10, 2021|archive-url = https://web.archive.org/web/20210210092249/https://www.apple.com/newsroom/|url-status = live}}</ref>

The think tank [[Organization:Niskanen Center|Niskanen Center]] has suggested that the case is a door-in-the-face technique designed to gain eventual approval for [[Encryption|encryption]] [[Backdoor (computing)|backdoors]]<ref name="Intercept1">{{cite news|last1=Froomkin|first1=Dan|last2=McLaughlin|first2=Jenna|title=FBI vs. Apple Establishes a New Phase of the Crypto Wars|url=https://theintercept.com/2016/02/26/fbi-vs-apple-post-crypto-wars/|access-date=February 26, 2016|publisher=The Intercept|date=February 26, 2016}}</ref> and is viewed as a revival of the [[Crypto Wars]].<ref name="Newsweek1">{{cite news|last1=Lee|first1=Sung|title=The government's decades-long battle for backdoors in encryption|url=http://www.newsweek.com/governments-decades-long-battle-backdoors-encryption-430868|access-date=February 27, 2016|magazine=Newsweek|date=February 26, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092120/https://www.newsweek.com/governments-decades-long-battle-backdoors-encryption-430868|url-status=live}}</ref>

U.S. Representative Mike Honda, a Democrat who represented the Silicon Valley region, voiced his support for Apple.<ref name=theguardian20160227/>

On February 23, 2016, a series of pro-Apple protests organized by [[Organization:Fight for the Future|Fight for the Future]] were held outside of Apple's stores in over 40 locations.<ref>{{cite news|last1=Reisinger|first1=Don|title=Will You Protest the FBI at Apple Stores on Tuesday?|url=http://fortune.com/2016/02/22/apple-stores-protests/|access-date=March 13, 2016|publisher=Fortune|date=February 22, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092120/https://fortune.com/2016/02/22/apple-stores-protests/|url-status=live}}</ref><ref>{{cite news|last1=MOSCARITOLO|first1=ANGELA|title=Protesters Gather to Support Apple in FBI iPhone Fight|url=https://www.pcmag.com/article2/0,2817,2499909,00.asp|access-date=March 13, 2016|publisher=PCMag|date=February 24, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092125/https://www.pcmag.com/news/photos-protesters-gather-to-support-apple-in-fbi-iphone-fight|url-status=live}}</ref><ref>{{cite news|last1=CUTHBERTSON|first1=ANTHONY|title=APPLE STORE PROTESTS OVER ENCRYPTION BATTLE PLANNED WORLDWIDE|url=http://www.newsweek.com/apple-store-protests-planned-across-us-over-encryption-428948|access-date=March 13, 2016|work=Newsweek|date=February 22, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092221/https://www.newsweek.com/apple-store-protests-planned-across-us-over-encryption-428948|url-status=live}}</ref>

Zeid Ra'ad al-Hussein, the United Nations High Commissioner for Human Rights, warned the FBI of the potential for "extremely damaging implications" on [[Philosophy:Human rights|human rights]] and that they "risk unlocking a Pandora's box" through their investigation.<ref>{{cite news|url=http://www.pe.com/articles/chief-796108-row-san.html|title=San Bernardino Shooting: UN chief warns of implications of Apple-FBI row|publisher=The Press-Enterprise|agency=Associated Press|date=March 4, 2016|access-date=March 4, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092057/https://www.pe.com/2016/03/04/san-bernardino-shooting-un-chief-warns-of-implications-of-apple-fbi-row/|url-status=live}}</ref>

General Michael Hayden, former director of the NSA and the Central Intelligence Agency, in a March 7 interview with Maria Bartiromo on the Fox Business Network, supported Apple's position, noting that the CIA considers cyber-attacks the number one threat to U.S. security and saying that "this may be a case where we've got to give up some things in law enforcement and even counter terrorism in order to preserve this aspect, our cybersecurity."<ref>{{cite web|url=http://www.foxbusiness.com/features/2016/03/07/fmr-nsa-cia-chief-hayden-sides-with-apple-over-feds.html|title=Fmr. NSA, CIA Chief Hayden Sides with Apple Over Feds|first=Julia|last=Limitone|work=Fox Business|date=March 7, 2016|access-date=March 9, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092239/https://www.foxbusiness.com/features/fmr-nsa-cia-chief-hayden-sides-with-apple-over-feds|url-status=live}}</ref>

Salihin Kondoker, whose wife was shot in the attack but survived, filed a friend of the court brief siding with Apple; his brief said that he "understand[s] that this software the government wants them to use will be used against millions of other innocent people. I share their fear."<ref>{{cite web|url=https://techcrunch.com/2016/02/29/san-bernardino-survivors-husband-backs-apple-in-battle-with-fbi/|title=San Bernardino survivor's husband backs Apple in battle with FBI|date=February 29, 2016|publisher=AOL|agency=TechCrunch|access-date=March 21, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092300/https://techcrunch.com/2016/02/29/san-bernardino-survivors-husband-backs-apple-in-battle-with-fbi/|url-status=live}}</ref>

Edward Snowden said that the FBI already has the technical means to unlock Apple's devices and said, "The global technological consensus is against the FBI."<ref>{{cite web|url=http://fortune.com/2016/03/09/snowden-fbi-apple-iphone/|title=Snowden: FBI Saying It Can't Unlock iPhone is 'Bullsh**'|first=Don|last=Reisinger|work=Fortune|date=March 9, 2016|access-date=March 9, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092155/https://fortune.com/2016/03/09/snowden-fbi-apple-iphone/|url-status=live}}</ref><ref>{{cite web|url=https://twitter.com/Snowden/status/707299113449230336|title=The global technological consensus is against the FBI. Why? Here's one example|first=Edward|last=Snowden|work=Twitter|date=March 8, 2016|access-date=March 9, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092246/https://twitter.com/Snowden/status/707299113449230336|url-status=live}}</ref>

[[Company:McAfee|McAfee]] founder and Libertarian Party presidential primary candidate John McAfee had publicly volunteered to decrypt the iPhone used by the San Bernardino shooters, avoiding the need for Apple to build a backdoor.<ref>{{cite web |last=Hathaway |first=Jay |title=Antivirus Wild Man John McAfee Offers to Solve FBI's iPhone Problem So Apple Doesn't Have To |url=http://nymag.com/following/2016/02/john-mcafee-says-he-can-crack-that-iphone.html |work=Following: How We Live Online |date=February 19, 2016 |access-date=February 24, 2016 |archive-date=February 23, 2016 |archive-url=https://web.archive.org/web/20160223133848/http://nymag.com/following/2016/02/john-mcafee-says-he-can-crack-that-iphone.html |url-status=live }}</ref> He later indicated that the method he would employ, extracting the unique ID from inside the A7 processor chip, is difficult and risks permanently locking the phone, and that he was seeking publicity.<ref>{{cite web|url=http://www.dailydot.com/politics/john-mcafee-lied-iphone-apple-fbi/|title=John McAfee lied about San Bernardino shooter's iPhone hack to 'get a s**tload of public attention'|first=William|last=Turton|work=The Daily Dot|date=March 7, 2016|access-date=March 7, 2016|archive-date=May 15, 2016|archive-url=https://web.archive.org/web/20160515024010/http://www.dailydot.com/politics/john-mcafee-lied-iphone-apple-fbi/|url-status=live}}</ref>

Ron Wyden, Democratic senator for Oregon and a noted privacy and encryption advocate, questioned the FBI's honesty concerning the contents of the phone. He said in a statement, "There are real questions about whether [the FBI] has been straight with the public on [the Apple case]."<ref>{{cite web|url=http://www.zdnet.com/article/fbis-strategy-in-apple-case-caught-in-distortion-field/|title=FBI's strategy in Apple case caught in distortion field|work=[[ZDNet]]|first=John|last=Fontana|date=April 6, 2016|access-date=April 6, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092232/https://www.zdnet.com/article/fbis-strategy-in-apple-case-caught-in-distortion-field/|url-status=live}}</ref>

=== Support for FBI ===
Some families of the victims and survivors of the attack indicated they would file a brief in support of the FBI.<ref>{{cite news|url=https://abcnews.go.com/Technology/wireStory/basic-software-held-key-shooters-iphone-unused-37106947 |title=Some Victims in Terror Attack Support Efforts to Hack iPhone |first1=Tami |last1=Abdullah |first2=Amanda Lee |last2=Myers |agency=Associated Press |work=ABC News |date=February 22, 2016 |access-date=February 25, 2016 |url-status=dead |archive-url=https://web.archive.org/web/20160224120439/https://abcnews.go.com/Technology/wireStory/basic-software-held-key-shooters-iphone-unused-37106947 |archive-date=February 24, 2016 }}</ref>

The National Sheriffs' Association has suggested that Apple's stance is "putting profit over safety" and "has nothing to do with privacy."<ref name="Smythe1">{{cite news|last1=Smythe|first1=Christie|last2=Wang|first2=Selina|last3=Kary|first3=Tiffany|title=Apple Goes to Washington Fresh From Big Boost in iPhone Fight|url=https://www.bloomberg.com/news/articles/2016-03-01/apple-goes-to-washington-with-some-wind-in-its-sails|access-date=March 1, 2016|publisher=[[Company:Bloomberg L.P.|Bloomberg]]|date=March 1, 2016}}</ref> The Federal Law Enforcement Officers Association, the Association of Prosecuting Attorneys, and the National Sheriffs' Association filed a brief supporting the FBI.<ref>{{cite web|last1=Nelson|first1=Joe|title=State, federal law enforcement agencies file in support of FBI in Apple battle|date=March 3, 2016 |url=http://www.sbsun.com/technology/20160303/state-federal-law-enforcement-agencies-file-in-support-of-fbi-in-apple-battle|publisher=San Bernardino County Sun|access-date=March 30, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092128/https://www.sbsun.com/2016/03/03/state-federal-law-enforcement-agencies-file-in-support-of-fbi-in-apple-battle/|url-status=live}}</ref>

"With Apple's privacy policy for the customers there is no way of getting into a phone without a person's master password. With this policy there will be no backdoor access on the phone for the law enforcement to access the person's private information. This has caused a great dispute between the FBI and Apple's encryption.<ref name=":1" /> Apple has closed this backdoor for the law enforcement because they believe that by creating this backdoor it would make it easier for law enforcement, and also make it easier for criminal hackers to gain access to people's personal data on their phone." Former FBI director James Comey says that "We are drifting to a place in this country where there will be zones that are beyond the reach of the law."<ref name=":1" /> He believes that this backdoor access is crucial to  investigations, and without it many criminals will not be convicted.<ref name=":1" />

Senator Dianne Feinstein of {{wipe|California}}, a Democrat and vice chairman of the Senate Intelligence Committee, has voiced her opposition to Apple.<ref name=theguardian20160227>{{cite web|last1=Thielman|first1=Sam|last2=Yadron|first2=Danny|title=Crunch time for Apple as it prepares for face-off with FBI|url=https://www.theguardian.com/technology/2016/feb/27/apple-fbi-congressional-hearing-iphone-encryption|newspaper={{wipe|The Guardian}}|access-date=March 1, 2016|date=February 27, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092053/https://www.theguardian.com/technology/2016/feb/27/apple-fbi-congressional-hearing-iphone-encryption|url-status=live}}</ref> All candidates for the Republican nomination for the 2016 U.S. presidential election who had not dropped out of the race before February 19, 2016, supported the FBI's position, though several expressed concerns about adding backdoors to mobile phones.<ref name=20160219-25/>

On February 23, 2016, the ''[[Social:Financial Times|Financial Times]]'' reported<ref>{{cite web|url=http://www.ft.com/intl/cms/s/2/3559f46e-d9c5-11e5-98fd-06d75973fe09.html#axzz417MxjWob|title=Gates breaks ranks over FBI Apple request|first1=Stephen|last1=Foley|first2=Tim|last2=Bradshaw|work=Financial Times|date=February 23, 2016|access-date=February 25, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092101/https://www.ft.com/content/3559f46e-d9c5-11e5-98fd-06d75973fe09#axzz417MxjWob|url-status=live}}</ref> that [[Biography:Bill Gates|Bill Gates]], founder of Microsoft, has sided with the FBI in the case. However, Gates later said in an interview with {{wipe|Bloomberg News}} "that doesn't state my view on this."<ref>{{cite web|url=https://www.bloomberg.com/news/videos/2016-02-23/gates-disputes-report-that-he-backs-fbi-in-apple-dispute|title=Gates disputes report that he backs FBI in Apple dispute|publisher=Bloomberg|date=February 23, 2016|access-date=February 25, 2016}}</ref> He added that he thought the right balance and safeguards need to be found in the courts and in Congress, and that the debate provoked by this case is valuable.<ref>{{cite news|url=https://www.nytimes.com/2016/02/24/technology/bill-gates-apple.html|title=Bill Gates Weighs In on Apple's Clash With the F.B.I.|first=Mike|last=McPhatefeb|work=The New York Times|date=February 23, 2016|access-date=February 25, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092102/https://www.nytimes.com/2016/02/24/technology/bill-gates-apple.html|url-status=live}}</ref>

San Bernardino Police Chief Jarrod Burguan said in an interview:

{{blockquote|I'll be honest with you, I think that there is a reasonably good chance that there is nothing of any value on the phone. What we are hoping might be on the phone would be potential contacts that we would obviously want to talk to. This is an effort to leave no stone unturned in the investigation. [To] allow this phone to sit there and not make an effort to get the information or the data that may be inside of that phone is simply not fair to the victims and their families.<ref>{{cite web|url=https://www.npr.org/2016/02/26/468216198/san-bernardino-police-chief-weighs-in-on-whether-apple-should-unlock-shooter-s-p|title=San Bernardino Police Chief Sees Chance Nothing of Value On Shooter's iPhone|publisher=NPR|date=February 26, 2016|access-date=February 27, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092103/https://www.npr.org/2016/02/26/468216198/san-bernardino-police-chief-weighs-in-on-whether-apple-should-unlock-shooter-s-p|url-status=live}}</ref>}}

Manhattan District Attorney Cyrus Vance Jr., said that he wants Apple to unlock 175 iPhones that his office's Cyber-Crime Lab has been unable to access, adding, "Apple should be directed to be able to unlock its phones when there is a court order by an independent judge proving and demonstrating that there's relevant evidence on that phone necessary for an individual case."<ref>{{cite web|url=https://www.npr.org/2016/02/21/467547180/it-s-not-just-the-iphone-law-enforcement-wants-to-unlock|title=It's Not Just The iPhone Law Enforcement Wants To Unlock|publisher=NPR|date=February 21, 2016|access-date=March 3, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092249/https://www.npr.org/2016/02/21/467547180/it-s-not-just-the-iphone-law-enforcement-wants-to-unlock|url-status=live}}</ref>

FBI Director Comey, testifying before the House Judiciary Committee, compared Apple's iPhone security to a guard dog, saying, "We're asking Apple to take the vicious guard dog away and let us pick the lock."<ref>{{cite web|url=http://sanfrancisco.cbslocal.com/2016/03/01/apple-fbi-stake-out-competing-sides-in-encryption-debate|title=Apple clash before Congress as encryption fight simmers|first1=Tami|last1=Abdollah|first2=Larry|last2=Neumeister|work=CBS News|date=March 1, 2016|access-date=March 3, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092245/https://sanfrancisco.cbslocal.com/2016/03/01/apple-fbi-stake-out-competing-sides-in-encryption-debate/|url-status=live}}</ref>

Apple's [[Software:IOS 8|iOS 8]] and later have encryption mechanisms that make it difficult for the government to get through. Apple provided no backdoor for surveillance without the company's discretion. However, Comey stated that he did not want a backdoor method of surveillance and that "We want to use the front door, with clarity and transparency, and with clear guidance provided by law." He believes that special access is required in order to stop criminals such as "terrorists and child molesters".<ref name=":2">{{cite web|url=http://www.cnet.com/news/fbi-director-demands-access-to-private-cell-phone-data/|title=FBI director demands access to private cell phone data|last=Rosenblatt|first=Seth|date=October 16, 2014|work=Cnet|access-date=May 2, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092110/https://www.cnet.com/news/fbi-director-demands-access-to-private-cell-phone-data/|url-status=live}}</ref>

=== Calls for compromise ===
Both 2016 Democratic presidential candidates&mdash;former Secretary of State Hillary Clinton and Senator Bernie Sanders&mdash;suggested some compromise should be found.<ref name=20160219-25>{{cite web |url=http://www.csmonitor.com/World/Passcode/2016/0219/What-presidential-candidates-are-saying-about-the-Apple-v.-FBI-debate |title=What presidential candidates are saying about the Apple v. FBI debate |work=The Christian Science Monitor |date=February 19, 2016 |access-date=February 25, 2016 |archive-date=February 10, 2021 |archive-url=https://web.archive.org/web/20210210092109/https://www.csmonitor.com/World/Passcode/2016/0219/What-presidential-candidates-are-saying-about-the-Apple-v.-FBI-debate |url-status=live }}</ref><ref>{{cite web|url=https://www.yahoo.com/politics/every-republican-presidential-candidate-sides-with-044526788.html|title=Every GOP presidential candidate sides with the FBI in fight with Apple|first=Alyssa|last=Bereznak|work=Yahoo! News|date=February 25, 2016|access-date=February 25, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092302/https://www.yahoo.com/news/every-republican-presidential-candidate-sides-with-044526788.html|url-status=live}}</ref>

U.S. Defense Secretary Ashton Carter called for Silicon Valley and the federal government to work together. "We are squarely behind strong data security and strong encryption, no question about it," he said. Carter also added that he is "not a believer in back doors."<ref>{{cite web|url=http://fortune.com/2016/03/02/secretary-defense-encryption-back-doors/|title=Defense Secretary Says He Is For Encryption And Against Back Doors|work=Fortune|first=Jonathan|last=Vanian|date=March 2, 2016|access-date=March 3, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092255/https://fortune.com/2016/03/02/secretary-defense-encryption-back-doors/|url-status=live}}</ref>

In an address to the 2016 South by Southwest conference on March 11, President [[Biography:Barack Obama|Barack Obama]] stated that while he could not comment on the specific case, "You cannot take an absolutist view on [encryption]. If your view is strong encryption no matter what, and we can and should create black boxes, that does not strike the balance that we've lived with for 200 or 300 years. And it's fetishizing our phones above every other value. That can't be the right answer."<ref name="Machkovech1">{{cite news|last1=Machkovech|first1=Sam|title=Obama weighs in on Apple v. FBI: "You can't take an absolutist view"|url=https://arstechnica.com/tech-policy/2016/03/obama-weighs-in-on-apple-v-fbi-you-cant-take-an-absolutist-view/|access-date=March 12, 2016|publisher=Ars Technica|date=March 11, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092109/https://arstechnica.com/tech-policy/2016/03/obama-weighs-in-on-apple-v-fbi-you-cant-take-an-absolutist-view/|url-status=live}}</ref>

=== Proposed legislation ===
On April 13, 2016, U.S. Senators Richard Burr and Dianne Feinstein, the Republican Chair and senior Democrat on the Senate Intelligence Committee, respectively, released draft legislation that would authorize state and federal judges to order "any person who provides a product or method to facilitate a communication or the processing or storage of data" to provide data in intelligible form or technical assistance in unlocking encrypted data and that any such person who distributes software or devices must ensure they are capable of complying with such an order.<ref>{{cite web|url=https://www.reuters.com/article/us-apple-encryption-legislation-idUSKCN0X52CG|title=Leak of Senate encryption bill prompts swift backlash|first1=Dustin|last1=Volz|first2=Mark|last2=Hosenball|work=Reuters|date=April 8, 2016|access-date=April 14, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092205/https://www.reuters.com/article/us-apple-encryption-legislation-idUSKCN0X52CG|url-status=live}}</ref><ref>{{cite web|url=https://finance.yahoo.com/news/u-senate-panel-releases-draft-192224282.html|title=U.S. Senate panel releases draft of controversial encryption bill|first1=Mark|last1=Hosenball|first2=Dustin|last2=Volz|publisher=Yahoo! Finance|agency=Reuters|date=April 13, 2016|access-date=April 14, 2016|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092057/https://finance.yahoo.com/news/u-senate-panel-releases-draft-192224282.html|url-status=live}}</ref>

===Freedom of Information Act lawsuit===
In September 2016, the Associated Press, [[Company:Vice Media|Vice Media]], and [[Company:Gannett Company|Gannett]] (the owner of ''[[Software:USA Today|USA Today]]'') filed a Freedom of Information Act (FOIA) lawsuit against the FBI, seeking to compel the agency to reveal who it hired to unlock Farook's iPhone, and how much was paid.<ref>{{cite web|url=https://www.usatoday.com/story/news/nation/2016/09/16/usa-today-lawsuit-fbi-iphone-hack-san-bernardino/90477540/|title=USA Today, others sue FBI for info on phone hack of San Bernardino shooter|work=USA Today|date=September 16, 2016|access-date=September 17, 2016|first=Brad|last=Heath|archive-date=September 17, 2016|archive-url=https://web.archive.org/web/20160917012058/http://www.usatoday.com/story/news/nation/2016/09/16/usa-today-lawsuit-fbi-iphone-hack-san-bernardino/90477540/|url-status=live}}</ref><ref name="GersteinFOIA">Josh Gerstein, [https://www.politico.com/blogs/under-the-radar/2017/10/01/judge-fbi-need-not-release-cost-of-iphone-hack-243338 Judge: FBI can keep cost of iPhone hack secret] {{Webarchive|url=https://web.archive.org/web/20171029083803/https://www.politico.com/blogs/under-the-radar/2017/10/01/judge-fbi-need-not-release-cost-of-iphone-hack-243338 |date=October 29, 2017 }}, ''Politico'' (October 1, 2017).</ref> On September 30, 2017, a federal court ruled against the media organizations and granted summary judgment in the government's favor.<ref name="GersteinFOIA"/><ref>''[https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2016cv1850-22 Associated Press v. Federal Bureau of Investigation] {{Webarchive|url=https://web.archive.org/web/20190420090447/https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2016cv1850-22 |date=April 20, 2019 }}'', Civil Action No. 16-cv-1850 (TSC) (D.D.C. Sept. 13, 2017).</ref> The court ruled that the company that hacked the iPhone and the amount paid to it by the FBI were national security secrets and "intelligence sources or methods" that are exempt from disclosure under FOIA; the court additionally ruled that the amount paid "reflects a confidential law enforcement technique or procedure" that also falls under a FOIA exemption.<ref name="GersteinFOIA"/>

== Inspector General Investigation ==

=== Background ===
On August 31, 2016, Amy Hess, the FBI's Executive Assistant Director, raised concerns with the Office of Inspector General alleging there was a disagreement between units of the Operational Technology Division (OTD) of their capability to access Farook's iPhone; namely between the Cryptographic and Electronic Analysis Unit (CEAU) and the Remote Operations Unit (ROU). She also alleged that some OTD officials were indifferent to FBI leadership (herself included)<ref>{{Cite web|url=https://www.fbi.gov/news/testimony/deciphering-the-debate-over-encryption|title=Statement Before the House Committee on Energy and Commerce, Subcommittee on Oversight and Investigation Washington, D.C.|last=Hess|first=Amy|date=April 19, 2016|website=fbi.gov|access-date=August 18, 2018|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092059/https://www.fbi.gov/news/testimony/deciphering-the-debate-over-encryption|url-status=live}}</ref> giving possibly misleading testimony to Congress and in court orders that they had no such capability.

=== Findings ===
Ultimately, the Inspector General's March 2018 report<ref>{{Cite web|url=https://oig.justice.gov/reports/2018/o1803.pdf|title=A Special Inquiry Regarding the Accuracy of FBI Statements Concerning its Capabilities to Exploit an iPhone Seized During the San Bernardino Terror Attack Investigation|website=oig.justice.gov|publisher=Office of the Inspector General, US Department of Justice|access-date=August 18, 2018|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092017/https://oig.justice.gov/reports/2018/o1803.pdf|url-status=live}}</ref> found no evidence that the OTD had withheld knowledge of the ability to unlock Farook's iPhone at the time of Director Comey's congressional testimony of February 9 and March 1, 2016. However, the report also found that poor communication and coordination between the CEAU and ROU meant that "not all relevant personnel had been engaged at the outset".

The ROU Chief (named by [[Company:Vice Media|Vice]] to be Eric Chuang)<ref>{{Cite news|url=https://motherboard.vice.com/en_us/article/7xdxg9/fbi-hacking-investigations-classified-remote-operations-unit|title=The FBI Used Classified Hacking Tools in Ordinary Criminal Investigations|last=Cox|first=Joseph|date=March 29, 2018|work=Motherboard|access-date=August 18, 2018|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210092238/https://www.vice.com/en/article/7xdxg9/fbi-hacking-investigations-classified-remote-operations-unit|url-status=live}}</ref> said he only became aware of the access problem after a February 11 meeting of the Digital Forensics and Analysis Section (DFAS) - of which the ROU is not a member. While the OTD directors were in frequent contact during the investigation, including discussions about Farook's iPhone, Asst. Dir. Stephen Richardson and the Chief of DFAS, John F. Bennett, believed at the time that a court order was their only alternative.

Chuang claimed the CEAU Chief didn't ask for their help due to a "line in the sand" against using classified security tools in domestic criminal cases.{{efn|Eric Chuang appears to be referring to a January 2002 memo requiring approval from the Deputy Attorney General to grant use for classified tools in criminal cases. While Chuang was aware of two previous cases where they were used, he claimed this infrequency proved that using such techniques was "difficult"."}} The CEAU Chief denied such a line existed and that not using classified techniques was merely a preference. Nevertheless, the perception of this line resulted in the ROU not getting involved until after John Bennett's February 11 meeting asking "anyone" in the bureau to help.

Once Chuang "got the word out", he soon learned that a trusted vendor was "almost 90 percent of the way" to a solution after "many months" of work and asked they prioritize its completion. The unnamed vendor came forward with their solution on March 16, 2016, and successfully demonstrated it to FBI leadership on March 20. The US Attorneys Office was informed the next day and they withdrew their court action against Apple on March 28.

When asked why the ROU was not involved earlier the Chief of Technical Surveillance Section (TSS), Eric Chuang's superior, initially said it was not in his "lane" and it was handled exclusively by the DFAS because "that is their mandate". He later claimed that Farook's phone was discussed from the outset but he did not instruct his unit chiefs to contact outside vendors until after February 11. In either event, neither he nor the ROU were asked to request help from their vendors until mid-February. By the time the Attorneys Office filed their February 16 court order, the ROU had only just begun contacting its vendors.

The CEAU Chief was unable to say with certainty that the ROU had been consulted beforehand and that the February 11th meeting was a final "mop-up" before a court action was filed. The CEAU's search for solutions within the FBI was undocumented and was handled informally by a senior engineer that the CEAU Chief personally trusted had checked with "everybody".

On the other hand, it's possible that Hess' asking questions is what prompted the February 11 "mop-up" meeting. During the CEAU's search Hess became concerned that she wasn't getting straight answers from the OTD and that unit chiefs didn't know the capabilities of the others. The Inspector General stated further:

{{blockquote|... the CEAU Chief may not have been interested in researching all possible solutions and instead focused only on unclassified techniques that could readily be disclosed in court that OTD and its partner agencies already had in-hand.}}

Both Hess and Chuang stated the CEAU Chief seemed not to want to use classified techniques and appeared to have an agenda in pursuing a favorable ruling against Apple. Chuang described the CEAU Chief as "definitely not happy" that they undermined his legal case against Apple and had vented his frustration with him.

Hess said the CEAU Chief wanted to use the case as a "poster child" to resolve the larger problem with encrypted devices known as the "[[Crypto Wars|Going Dark challenge]]". The challenge is defined by the FBI as "changes in technology [that] hinder law enforcement's ability to exercise investigative tools and follow critical leads".<ref>{{Cite web|url=https://www.fbi.gov/services/operational-technology/going-dark|title=Going Dark|website=fbi.gov|access-date=August 18, 2018|archive-date=November 1, 2019|archive-url=https://web.archive.org/web/20191101184638/https://www.fbi.gov/services/operational-technology/going-dark|url-status=live}}</ref> As The Los Angeles Times reported in March 2018, the FBI was unable to access data from 7,775 seized devices in their investigations. The unidentified method used to unlock Farook's phone - costing more than $1 million to obtain - quit working once Apple updated their operating system.<ref name="access delayed" />

=== Conclusion ===
The Inspector General's report found that statements in the FBI's testimony before Congress were accurate but relied on assumptions that the OTD units were coordinating effectively from the beginning. They also believe the miscommunication delayed finding a technical solution to accessing Farook's iPhone. The FBI disputed this since the vendor had been working on the project independently "for some time". However, according to Chuang – whom described himself as a "relationship holder" for the vendor – they were not actively working to complete the solution and that it was moved to the "front burner" on his request; to which the TSS Chief agreed.

In response to the Inspector General's report, the FBI intended to add a new OTD section to consolidate resources to address the Going Dark problem and to improve coordination between units.

==Notes==

{{notelist}}

== See also ==

* ''Bernstein v. United States''{{nsmdns}}a case on software as speech
* Key disclosure law
* {{section link|List of United States Supreme Court cases involving the First Amendment|Compelled speech}}
* ''Riley v. California''{{nsmdns}}holding unconstitutional the warrantless search of a cellphone during an arrest, noting cellphones' unique privacy implications<ref>"Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans 'the privacies of life.'" Riley v. California, 573 U. S., ___, No. 13-312, slip op. at 28 (2014).</ref>
* ''United States v. New York Telephone Co.''{{nsmdns}}holding that law enforcement officials may obtain a court order forcing telephone companies to install pen registers in order to record the numbers called from a particular telephone.
* ''Universal City Studios, Inc. v. Reimerdes''{{nsmdns}}another case holding software is a form of speech
* Crypto wars

== References ==
{{Reflist|30em}}

== External links ==
* [https://www.scribd.com/doc/307378123/Burr-Encryption-Bill-Discussion-Draft Burr Encryption Bill Discussion Draft (leaked version)]
* [http://www.burr.senate.gov/imo/media/doc/BAG16460.pdf Burr Encryption Bill Discussion Draft (official version)] {{Webarchive|url=https://web.archive.org/web/20160413195503/http://www.burr.senate.gov/imo/media/doc/BAG16460.pdf |date=April 13, 2016 }}
* [https://www.apple.com/customer-letter/answers/ Apple FAQ on the controversy]
* [https://www.fbi.gov/news/pressrel/press-releases/fbi-director-comments-on-san-bernardino-matter FBI director's comments on the 2016 dispute]
* [https://cryptome.org Online source for legal filings in the 2016 dispute at Cryptome]
* [https://www.justice.gov/usao-cdca/pr/statement-united-states-attorney-eileen-m-decker-government-request-vacate-order PR Statement of United States Attorney Eileen M. Decker on Government Request to Vacate Order Directing Apple to Help Access iPhone]
* [https://www.bbc.co.uk/news/technology-37407047 Hardware hack defeats iPhone passcode security]


{{DEFAULTSORT:FBI-Apple encryption dispute}}
[[Category:History of telecommunications]]
[[Category:Digital forensics]]


fr:Apple#Questions relatives à la vie privée

{{Sourceattribution|Apple–FBI encryption dispute}}