“The FBI already had the capability to hack this phone using forensic tools, but they thought this case would be a slam dunk–a way for them to set a risky precedent that they’ve wanted for years”.
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But George Washington University law professor Orin Kerr, a former Justice Department computer crime prosecutor, said the government was likely only postponing the fight.
The government is not revealing any details about this method or who it comes from, besides the fact that it was not developed by the FBI, National Security Agency or any other government organizations.
Guessing the code incorrectly too many times could permanently delete all data on the phone, so the Federal Bureau of Investigation had asked Apple to develop a new version of its operating system that circumvents some of its security features.
They were killed hours later in a gun battle with police.
The FBI said Farook and his wife, Tashfeen Malik, were inspired by the so-called Islamic State and that the iPhone may contain crucial evidence. Investigators still are trying to piece together what happened and find out if there were collaborators.
A status report must now be filed by the government by April 5.
The company said the order is unreasonably burdensome.
But Apple is fighting the order, warning that the software could fall into the hands of hackers and threaten the security of all encrypted devices.
He said the disclosure alone weakens the government’s case by introducing doubt that it could only access the phone with Apple’s help.
Both sides have mounted aggressive public relations campaigns to present their side and rhetoric at times has been charged.
Apple chief executive Tim Cook has refused, saying the government is overreaching.
“This might be more akin to requiring the person who makes the door to remove the hinges so you can knock the door down”, said Riana Pfefferkorn, a cryptography fellow at the Stanford Center for Internet and Society.
“I would not be surprised if they were back in court in the next two weeks rescheduling this hearing”, she said. “It’s risky to our security'”.
The surprise move on Monday appears to vindicate Apple’s argument, which is that the US government had not exhausted all available means to recover information from the phone.
Other technology heavyweights, such as Google, Facebook, Microsoft and Yahoo, along with civil liberties groups and privacy advocates, have supported one of the world’s largest technology companies. Apple has warned that the government’s motion in the San Bernardino case could trigger a slippery slope that puts the digital privacy of all iPhone users at risk. But if the government drops the case it would be under no obligation to provide information to Apple.
“Our top priority has always been gaining access into the phone used by the terrorist in San Bernardino. Testing is required to determine whether it is a viable method that will not compromise data on Farook’s iPhone”, according to the filing by the Justice Department.
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The news comes the same day that Apple used a flashy product unveiling to hammer home its resolve to fight the US government’s court order as part of a larger battle.
