The US Department of Justice is to pursue its request for Apple to unlock an iPhone connected to a NY drugs case. The government has dropped its legal action against Apple in that case, after announcing that it figured out how to unlock the iPhone used by the gunmen in the mass shooting.
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A U.S. federal judge in MA has ordered Apple to help the FBI unlock an iPhone in a gang case, court documents unsealed Friday revealed – opening a new front in the government’s battle with the high-tech giant over encryption.
The Brooklyn case differs slightly from the one in San Bernardino in a key way: The New York phone does not carry the more advanced encryption features introduced with more recent operating systems.
The Justice Department letter effectively means the FBI will continue its appeal of a federal magistrate judge’s order last month siding with Apple in the NY dispute.
In contrast, in the San Bernardino case, the government called on Apple to create a new tool to bypass iPhone security systems to crack into an iPhone used by one of the shooters in a December rampage that left 14 dead.
The FBI initially wanted Apple to acquiesce and provide assistance with unlocking an iPhone 5c that belonged to on of the San Bernardino terrorists. It is unclear whether the Federal Bureau of Investigation got much of use out of the phone.
Former prosecutor James DeMarco said Apple’s past cooperation alone will not be enough to overturn Judge Orenstein’s ruling.
Authorities have said they still wish to unlock the device, however, as part of an ongoing investigation into the conspiracy.
An anti-government protester holds up his iPhone with a “No Entry” sign during a demonstration near the Apple store in NY in February.
The lawyer, who spoke to reporters on the condition of anonymity, argued that prosecutors were pushing the case not because of the value of the information in the phone, but rather to set a precedent that could be used to get into other locked iPhones.
The government risks locking in an unfavorable ruling from the Brooklyn magistrate if his findings are upheld on appeal to a higher court. The Justice Department is seeking to unlock Feng’s phone to find other conspirators. “The fact that it has done so before is relevant but not, as a technical matter, legally binding”.
Comments attributed to Apple’s attorneys also suggest that while the company isn’t aware of the method used, it’s convinced that normal product development is eventually going to plug whatever exploit was used to gain access to that iPhone.
After the couple was arrested in September 2008, authorities found an iPhone belonging to the pair in a diaper bag.
The California and NY cases both hinge on the government’s interpretation of the centuries-old All Writs Act. Politicians in Washington have also divided on the issue and are attempting to craft legislation addressing data privacy.
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Due to this, the US Department of Justice still requires accessing an iPhone 5S, which was apparently owned by someone involved in drug trafficking.
