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Apple officially responds to court request to comply with FBI in San Bernardino iPhone case

Apple has officially filed its mandatory response to the court following an order to comply with the FBI’s request to unlock an iPhone used by the San Bernardino shooter from December. Unsurprisingly, Apple has filed a motion to vacate the order which would force it to comply, telling the court that it shouldn’t have to unlock the iPhone using a modified and insecure software version.

In the response, Apple has referred to the version of iOS that it would need to create to allow the FBI to unlock the iPhone in question using brute force as a Government Operating System, specifically GovtOS.

You can read the official 65-page document filed with the court system today below (via @MatthewKeysLive).

In the document, Apple maintains its position that the request to unlock this specific iPhone isn’t actually about just one iPhone and would set a dangerous precedent that could be used by governments around the world.

Apple’s position has also been that creating this insecure version of iOS to be used in this case would put all customers at risk, assuming the operating system fell into the wrong hands and was passed off as the real thing in future cases.

[scribd id=300524297 key=key-PxKT72gK0SepgrXiRuIt mode=scroll]

The Department of Justice has maintained that what the FBI is asking for is not a backdoor, however, and is merely a single key to be used for unlocking this phone.

Apple CEO Tim Cook compared such software to cancer during an interview yesterday with ABC News, which senior law enforcement entertained as something Apple could then destroy after entering the iPhone in question.

And Apple’s official response to the court isn’t the last that we’ll hear about this case in the near future.

First, Apple’s refusal to comply will need to be taken into consideration by the court, of course, and a legal response will follow.

Second, Apple’s top lawyer Bruce Sewell is set to testify before a Congressional hearing next week to answer questions about encryption.

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Comments

  1. George Pollen - 8 years ago

    Downloadable version, please!

    • Adam Charters - 8 years ago

      Just after it says “You can read the 65 page document below” it says (via: …) click there.

  2. AeronPeryton - 8 years ago

    If Apple is going so far as to call the requested software GovtOS in an official filing, they are not just disagreeing with the FBI, they are personally offended.

    *munches popcorn furiously*

  3. Thomas Marble Peak - 8 years ago

    #StandWithApple

    If you too would like to stand with Apple’s stance on privacy, then add your name to the petition (https://petitions.whitehouse.gov/petition/apple-privacy-petition) to let the Administration know.

  4. Robert Wilson - 8 years ago

    Can’t believe the biggest problem was left out. Even if Apple made this how going to install it without the password? Next time there an update for your phone watch it you will notice it will download it but it won’t install till after you unlock it.

    I just don’t get why this fact is not being yelled out loud. Only way to force update os without password is DFU which erase the phone.

    • Robert - 8 years ago

      You can install a new OS without a passcode after you put the phone in Recovery Mode so long as the OS is signed by Apple.

      Apple will likely change this in the future so that the passcode is required.

      • Robert Wilson - 8 years ago

        Yes and that erases everything currently on the phone. So they screwed.

  5. scumbolt2014 - 8 years ago

    I guess the US Government is using Apple and iPhones to take the focus off of the gun violence.

  6. Robert - 8 years ago

    The director of the FBI has been far less aggressive today. Effectively backing down by agreeing the issue should be decided by congress. I wonder if he didn’t get a preview of this document. I’ve read much of it and Apple put together some clear and compelling arguments. They use case law and the constitution to completely overturn the governments position.

    6 days ago the WSJ foolishly, with few of the facts, called victory for the FBI. It’s too early to declare victory but it’s now looking like things are swinging in Apple’s favor.

  7. The FBI and DOJ are so severely outclassed here that it’s almost laughable. It’s like watching someone in grade school take on a professional boxer. This isn’t going to end well for the US government.

  8. Ben Johnston - 8 years ago

    Link is broken. I have been trying all day to read the filing :(

  9. transamken - 8 years ago

    When you go from wanting 1 phone unlocked to 15, and now 150 phones they want to unlock… The intended abuse is already there being talked about in the court room.

  10. johnwwwatson - 8 years ago

    I hereby authorize Apple and Law Enforcement to unlock my phone as due process of search warrant because I am not a criminal or terrorist and I encourage everyone to understand this is no different than having your home or hard drive served with a search warrant. If a judge finds just cause for search warrant, only then, can law enforcement do their duty to protect us from criminals or terrorists.

Author

Avatar for Zac Hall Zac Hall

Zac covers Apple news, hosts the 9to5Mac Happy Hour podcast, and created SpaceExplored.com.