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FBI explains why it changed Apple ID password in iPhone unlock case, retrieved iCloud backups up to October 19 but wants more

The FBI has released a press statement explaining its motivation for resetting the iCloud password in the San Bernardino iPhone backdoor/unlock case. It seems like a screw-up, which prevented Apple from extracting data from the phone via iCloud. However, the FBI says that the county did it, in collaboration with FBI, in order to gain access to the suspect’s iCloud account. It says it was able to successfully retrieve iCloud backups up to October 19th. However, the reason it wants Apple to create a backdoor into the locked iPhone is because it believes there is more data on the phone relevant to the case yet to be uncovered.

For unknown reasons, the iPhone did not backup anything to iCloud after 19th October. It is possible Syed Farook disabled the feature or the iPhone simply did not return to a known WiFi network whilst being plugged in. It is not known if a later iCloud backup would have yielded more information …

Here’s a direct quote from the FBI statement, via Re/code, explaining that the government wants Apple to create a backdoor so that it can perform data extraction on the iPhone itself, which it knows from previous investigations will often contain more information than what an iCloud backup includes.

Through previous testing, we know that direct data extraction from an iOS device often provides more data than an iCloud backup contains. Even if the password had not been changed and Apple could have turned on the auto-backup and loaded it to the cloud, there might be information on the phone that would not be accessible without Apple’s assistance as required by the All Writs Act order, since the iCloud backup does not contain everything on an iPhone. As the government’s pleadings state, the government’s objective was, and still is, to extract as much evidence as possible from the phone.

Apple has been given additional time to respond to the FBI order, with the deadline set for next Friday in a week’s time. Apple is expected to formally reject the motion in court, given its hard stance expressed in an open letter by Tim Cook last week.

In the case, the FBI has asked Apple to create a special version of the iPhone operating system which removes certain passcode-related features to enable brute-force attack on the PIN code. The FBI wants Apple to create custom firmware that will allow an unlimited number of PIN attempts without the usual hour-long delays between incorrect passcode entries. The iPhone used by the attacker is an iPhone 5c. so it lacks a fingerprint sensor and other security features enabled by the Secure Enclave of later iPhone models. However, Apple has said the same techniques the FBI wants it to deploy could apply to newer iPhones too.

Apple continues to receive support by other companies and individuals regarding its fierce privacy-focused stance. Billionaire Mark Cuban said Apple deserves a standing ovation for fighting the FBI’s encryption backdoor efforts. Smartphone manufacturer Huawei also piped up, saying privacy is very important but shied away from openly indicating it would stand up to government in a similar situation.

“Tim Cook spoke up for that (privacy) … for us it is really very important,” Yu said. “I think it’s good letting the government understand why we cannot do some things. There are some things we can do, but there are some things we cannot do.” Asked directly if Huawei would take the same approach in similar circumstances, Yu said Huawei would “insist on the important things for consumers”.

It’s also worth considering the voice of the victims of the San Bernardino shootings, where 12 people were killed. Carole Adams, who lost her son in the attack, has openly stated that she stands with Apple’s point of view on constitutional grounds:

“This is what makes America great to begin with, that we abide by a constitution that gives us the right of privacy, the right to bear arms, and the right to vote.”

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Comments

  1. viciosodiego - 8 years ago

    lol. He destroyed his motherboard, so why would he had data on that work phone?
    Only idiots will believe this bs..

  2. iSRS - 8 years ago

    I don’t fully believe what the FBI is saying here. If it is truly just for this one phone and not the precedent.

    If they had access, they could have backed it up via iTunes, encrypted that backup, and gotten everything they needed. Additionally, they could have turned off the auto wipe features.

    • 89p13 - 8 years ago

      You cannot but the genie back in the bottle once you’ve let it out! Apple needs to stand firm and fight this within the legal system. We also need other tech companies to put up or shut up. The EFF has already come out with their supportive statements, now we need other respected organizations to weigh in their support – ACLU, et. al.

      This is going to be a Huge and very public case. It needs the support of people who are really concerned with the loss of the rights guaranteed under the Constitution and Bill of Rights. We cannot let the government continue to bleed away our rights, under the guise of “National Security”

      Stand up to the Fear, Uncertainty and Doubt that is being sowed with the non-facts of this case.

      • 89p13 - 8 years ago

        You cannot put the genie back in the bottle – if only we could edit our comments!

      • iSRS - 8 years ago

        I agree 100% with you.

        My “if the had access” comment was directed at the fact that at a some point they had some sort of access because they changed the password. At that time, they could have taken the necessary precautions to get what they needed, without involving Apple.

    • Robert - 8 years ago

      They didn’t have access to the phone. They had access to his work email through which they reset the Apple ID/ iCloud password. Now they changed the password and the phone still has the old one that they don’t know. Since the phone doesn’t have the new password it can’t do a backup. These dimwits should have attempted to backup before they changed the password.

  3. FBI: TFB. Phones need to be off limits all the time. Encryption is only the first step.

    As a shareholder I’m fine with Apple spending billions to fight this and make sure legislation is in the books to prevent any future government in the US from ever seeking their cooperation to bust open an phone.

  4. lincolnsills - 8 years ago

    Btw they are calling for a custom IPSW, firmware not operating system.

    • iSRS - 8 years ago

      IPSW = iPhone software, for the record. Which is the file that is installed for all iOS updates. So, yes, a custom IPSW = custom OS

    • yenopblog - 8 years ago

      Even Apple offers a custom ipsw file, they must unlock this iPhone or set it to DFU mode to update.

  5. srgmac - 8 years ago

    Why wouldn’t they just ask Apple to give them the data instead of changing the password? I don’t get it.

    • jacosta45 - 8 years ago

      Hope this was sarcastic lol.

      • srgmac - 8 years ago

        No…If they have a warrant for iCloud data then Apple has to give it to them — this is not the same thing as creating a new OS ffs.
        Apple has done this thousands of times before — so…Why try to get the data themselves?
        That’s what I am trying to understand. Why not just ask Apple for it in the beginning?

  6. srgmac - 8 years ago

    Thank you for mentioning Huawei — this is very important, because China often follows the USA’s lead when it comes to these matters. And for the record, not even the Chinese government has asked Apple to do what the FBI is asking. It’s ridiculous on so many levels.

    • Greg Buser - 8 years ago

      Good point. If Apple gives in to the FBI, every law enforcement agency in the world will demand the same thing from every manufacturer. Does the U.S. government really want Russia, Iran, or North Korea to be able to hack any cell phone?

    • r00fus1 - 8 years ago

      It’s pretty clear that we’re following China when it comes to totalitarianism here. The security state needs to be reined in or we’ll be following China in a lot of other respects as well in the future (like human rights, and air quality).

  7. Howie Isaacks - 8 years ago

    Carole Adams is almost right. The Constitution recognizes and protects our rights. It does not give them to us. Although there is no written protection of the right of privacy contained in the Constitution, it is generally agreed that the 4th Amendment implies one. I don’t think that the framers of the Constitution would have intentionally denied our right of privacy. If we cannot have privacy, we cannot be free. By building a back door into iOS, Apple would be helping to tear down our freedoms. I resent the FBI’s attempt to force Apple to lower the security of its technology because our government is too incompetent to keep the terrorist out of this country. President Obama’s primary and most important duty is to protect this country from harm. He has failed miserably in that duty, and he should have been impeached a long time ago. If the Republicans in Congress were actually doing their duty, we wouldn’t have that incompetent moron in the White House right now.

    • scottkitts - 8 years ago

      If you think Obama should be impeached because a couple of wack jobs killed some of their co-workers, you must be apoplectic over Bush’s failures that resulted over 3,000 American deaths on 9/11.

      • Howie Isaacks - 8 years ago

        You’re a moron if you don’t understand why Obama should be impeached. Read the Constitution (all of it), and then you might be up to the challenge of debating me.

    • skeevangogh - 8 years ago

      When all else fails, blame Obama…….makes sense.

      • Howie Isaacks - 8 years ago

        Anyone who looks at Obama objectively and without fear of being called a racist would agree. His incompetent policies allowed the wife to get in without any vetting whatsoever. Please tell me how this is not incompetence. Obama has spent seven years blaming George W. Bush, so why can’t I blame Obama for something?

    • srgmac - 8 years ago

      Funny, since it’s the GOP who’s mostly in favor of mandated backdoors, not the Democrats.

      • iSRS - 8 years ago

        Well, I don’t think this is an area either side disagrees with. Granted, Trump and Rubio have used stronger language, but neither Bernie nor Hillary are willing to choose a side, but have said Apple should be helping (showing they aren’t different from many people, and they don’t realize Apple already is)

      • Howie Isaacks - 8 years ago

        Some people in the GOP favor this, and so do a lot of Democrats. It’s an equal balance I would say. In the end, I don’t give a damn what party affiliations are involved. What matters is that individual liberty is under attack.

    • flaviosuave - 8 years ago

      I think the “challenge” of debating you would be similar to the challenge of boxing a glacier made of stupid.

  8. Graham Banzer - 8 years ago

    What other information could the FBI possibly want? The OS itself? iCloud backs up everything the user specifies – iMessage, what’s app, photos, emails – EVERYTHING! The FBI is full of it saying they need more than they were already able to obtain.

  9. pr1son3r (@pr1son3r) - 8 years ago

    FBI is stupid for not consulting apple before resting the password….

  10. spiralynth - 8 years ago

    I love how tools like Huawei (basically a known branch of the Chinese Military) and Google (the mother of all data thieves)—both using the mother of all spywares as their operating platforms—are chiming in “support” of Apple. FUCKING LIARS. Mere lip service to LOOK like they care about your privacy. Yeah, the only thing they care about is HAVING it.

    Apple is peerless on this matter. Everybody else is just riding on this bandwagon to fool the brainless. Bullshitting thieves every single one of them, ESPECIALLY those two.

  11. Whatever it costs Apple, whatever it costs.

  12. alanaudio - 8 years ago

    There seems to be a wilful disinclination for the FBI and many US politicians to even briefly consider the bigger picture.

    While they are making a lot of fuss about this particular highly emotionally charged case, the criminal is dead, his personal phone was destroyed and this is only his company phone, which he didn’t bother destroying like he did with his personal phone and hard drive. There is a negligible chance of any useful terrorist-related information being gleaned from this iPhone. But the bigger picture is that iPhones are used around the world. If Apple is forced to write special code to unlock iPhones, then other governments will inevitably compel Apple to provide it to them too or face draconian penalties. On the one hand the FBI might get the worthless company contacts, and photos found on a dead killer’s work phone, while on the other hand, countries like China could also acquire the means to crack any iPhone and along the way, Apple as a company could be greatly harmed. I would strongly argue that the bigger picture is massively better served by never creating this software in the first place. We all know about genies and bottles.

    With regards to the FBI, we saw rapidly changing reports about what happened with regard to the password reset. Initially the FBI tried to suggest that it was nothing to do with them, then the truth came out. As we now know, that reset killed off the best opportunity to gather the desired information. The FBI have been untruthful and / or incompetent. Those two states are not mutually exclusive, they might well have been both untruthful and incompetent. They didn’t ask for Apple’s advice until after they had destroyed the means of extracting any data on that iPhone. This is the same FBI that insists that Apple must entrust them with some specially created cracking software that has the potential to circumvent the security setting of any iPhone. How on earth could anybody believe that they would use such tool competently, honestly and never allow it to fall into the wrong hands?

    The publicity whipped up by the FBI and politicians has inadvertently acted as a masterclass in how best to secure your iPhone data from prying eyes, what Apple can do to comply with court orders and what information can and can’t be recovered. Most of this information was previously only known by specialists, but now you can get a detailed explanation by reading any newspaper. Every crook, paedophile and drug dealer has been offered a wealth of information to cover their tracks much better than they might previously have done.

    A further aspect of the bigger picture concerns American technology within a world market. If the FBI force Apple to write this code, then it will be common knowledge that all US designed smartphones now have a back door. That would create a huge opportunity for a non-US based company to develop a truly secure smartphone. There are two aspects to that. One is that the FBI would not be able to strong-arm a non-US company and that company would not have to assist the FBI with any investigations at all. The other would be that a huge revenue generator for the US would be greatly diminished. America loses out both ways.

    The modern world is complex and few things come down to binary black/white, yes/no options. There are convoluted interactions between seemingly unrelated factors so therefore decision makers need to think through the full implications of what they decide. Tim Cook has a mind that thinks strategically. He is acutely aware of exactly what’s at stake, but many politicians are shooting their mouths off to gain short term publicity without seeming to be aware of the real implications of their course of action. China is a now major world power and is always looking for ways to further extend it’s power. China already exerts a lot of influence in the world. It’s the only country that has it’s own independent manned space station ( Tiangong ) with associated launch and support systems. China is combining economic power with technological expertise in a way that no other country has done in recent times and is projecting power in multiple ways, especially militarily and politically. If US politicians insist on acting in unsophisticated ways, China will have an opportunity to overtake the US in a very short time indeed and will have been helped on it’s way by those very politicians who shout about “Making America great again”.

    • Eric Van Bezooijen - 8 years ago

      If the government backs Apple into a corner and succeeds in forcing them to hack this iPhone, I assume future iPhones will simply be designed so that even Apple can’t get past the safeguards.

  13. Andrew Maloney - 8 years ago

    I would have though once you commit an act of murder you forfeit your right to having your privacy protected. If you had nothing to hide you would certainly be more than happy to share the information you have on your phone. But, then again only in the US!

    • alanaudio - 8 years ago

      However the way that this case is shaping up, somebody committed a murder and everybody else will have to forfeit their right to have their privacy respected.

      Encryption is a vital element of on-line banking and is vital to the ‘good guys’ as well as being useful for the ‘bad guys’.. If encryption is circumvented, there are profound implications for modern society.

      It’s worth remembering that the machines that went on to be developed as the Enigna cypher machines which were so extensively used by Germany in WW2 were initially invented for commercial use shortly after WW1 in order to guarantee the confidentiality of financial business. Encryption underpins so many aspects of modern lives and has done so for a long time.

    • drapalskif32 - 8 years ago

      “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

      The idea that if you have nothing to hide, then share everything with law enforcement, is a broken thought.

      • John Smith - 8 years ago

        In this case there is a warrant and it does clearly state what is to be searched.

        No one is asking Apple to ‘share everything with law enforcement’ the court order is share the content of one phone, which is owned by San Bernadino county.

      • iSRS - 8 years ago

        Yes, John Smith, the “just do it, Apple” side keeps pointing it out. But it doesn’t work that way, unfortunately, with software.

  14. Dawn Crawford - 8 years ago

    Whoever is not telling the truth will eventually come out, however I bet a lot of government agency’s are canceling their Iphone contracts for employees.

  15. r00fus1 - 8 years ago

    So they reset the AppleID and now want Apple to do their job for them — after they fucked up and mis-handled the passcode reset?
    Talk about incompetence.

    Sorry FBI – your incompetence doesn’t mean you can use this stalking horse to view files on my phone. Go consult with the NSA about brute-forcing this.

Author

Avatar for Benjamin Mayo Benjamin Mayo

Benjamin develops iOS apps professionally and covers Apple news and rumors for 9to5Mac. Listen to Benjamin, every week, on the Happy Hour podcast. Check out his personal blog. Message Benjamin over email or Twitter.