http://www.dailydot.com/politics/apple-unlock-iphone-court/
Here’s why Apple will no longer unlock phones for police

A newly unsealed court transcript shows that Apple
<http://dailydot.com/tags/apple> doesn’t just support its customers’ right
to encrypted communications: It even stands up to the government over meth
dealers’ phones.

The transcript comes from a hearing in Brooklyn in October 2015, in which a
judge asked Apple to explain why it had ignored U.S. prosecutors’ search
warrants to unlock the phone of Jun Feng, who pled guilty
<http://static.politico.com/08/df/2834066e49fdb8330a536b09ab0e/apple-unlocking-case-prosecution-response.pdf>
to conspiracy attempt to distribute methamphetamines, and who was charged
<http://arstechnica.com/tech-policy/2015/11/feds-explain-sort-of-why-they-really-want-data-on-seized-iphone-5s/>
alongside six others.

It’s a unique case: Feng had an iPhone <http://dailydot.com/tags/iphone>
5s, which comes loaded with Apple’s iOS7 operating system. In the past,
that hadn’t been a big problem. As an official from the Department of
Homeland Security had previously testified, law enforcement had a device to
easily run through every possible passcode to unlock an iPhone. But Feng’s
phone was configured to erase all its data if someone unsuccessfully tried
10 times in a row to unlock it.

At the time of the hearing, Apple seemed obstinate, warning in its publicly
filed briefing
<http://online.wsj.com/public/resources/documents/Apple_Brief_10192015.pdf>
that it wasn’t going to perform this task on future cases. “In most cases
now and in the future, the government’s requested order would be
substantially burdensome, as it would be impossible to perform,” lawyers
for the company wrote. Future operating systems like iOS8 and the current
iOS9 are designed to be impenetrable by even Apple itself, it said.

But the unsealed arguments paint a more nuanced debate. Prosecutors noted
that since 2008, Apple has received at least 70 warrants to help view the
contents of a suspect’s phone. Those instances were a different kind of
situation, Apple countered, as the government was instead asking for a
technical service. Moreover, prosecution was for the first time pressuring
Apple with the seldom-used All Writs Act, a law last updated
<https://www.law.cornell.edu/uscode/text/28/1651> in 1949.

That Apple protects users’ privacy <http://dailydot.com/tags/privacy> is
undoubtedly part of its business model. One U.S. attorney argued that it
was “more concerned with public perception” than helping catch criminals.
Around the time the transcript was taken, CEO Tim Cook was upping his
comments
<http://arstechnica.com/tech-policy/2015/10/apple-ceo-tim-cook-blasts-encryption-backdoors/>
on user privacy, declaring that the company would refuse to create
backdoors into its encrypted messaging service.

“Right now Apple is aware that customer data is under siege from a variety
of different directions. Never has the privacy and security of customer
data been as important as it is now,” Apple lawyer Marc Zwillinger said at
the hearing. “A hypothetical consumer could think if Apple is not in the
business of accessing my data and if Apple has built a system to prevent
itself from accessing my data, why is it continuing to comply with orders
that don’t have a clear lawful basis in doing so?”

Though Feng’s case is settled, Apple still awaits the judge’s decision.

Read the transcript of the hearing here:



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