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FBI says it has accessed data on terrorist’s iPhone 5c without Apple, will withdraw case

[Update #2: Apple has issued a statement in which it says that it is committed to continuing to fight for cilvil liberties and collective security and privacy. The company doesn’t, however, comment on the possibility that the FBI was able to get into the iPhone anyways. The full statement is below (via Verge):

From the beginning, we objected to the FBI’s demand that Apple build a backdoor into the iPhone because we believed it was wrong and would set a dangerous precedent. As a result of the government’s dismissal, neither of these occurred. This case should never have been brought.

We will continue to help law enforcement with their investigations, as we have done all along, and we will continue to increase the security of our products as the threats and attacks on our data become more frequent and more sophisticated.

Apple believes deeply that people in the United States and around the world deserve data protection, security and privacy. Sacrificing one for the other only puts people and countries at greater risk.

This case raised issues which deserve a national conversation about our civil liberties, and our collective security and privacy. Apple remains committed to participating in that discussion.]

[Update: CNN reports that the method used by the FBI to unlock the iPhone 5c only works on this specific device.]

Revealed in a filing today, the FBI has successfully unlocked the iPhone 5c used by one of the San Bernardino gunmen. Apple, which has refused to comply with the FBI’s request, was set to face off with the government last Tuesday. The FBI, however, requested a delay for the hearing stating that it had found an outside method that could potentially unlock the device in question without Apple’s help. Now, the FBI has announced that it has been successful in unlocking the device.

While specific details of the method used by the FBI are unclear at this point, the organization stated in a filing that it “successful accessed the data stored on Farook’s iPhone and no longer requires the assistance from Apple.”

Now that the FBI has accessed the data from the device, it will withdraw legal action against Apple. As for what information was on the iPhone, we’ll likely never know as it will be classified, but the FBI says it is actively reviewing the data “consistent with standard investigatory procedures.”

In a separate statement, the Department of Justice said that it remains a priority for the government to ensure that digital information can be accessed by law enforcement to “protect national security and public safety.” Furthermore, the DOJ explained that it will “continue to pursue all available options for this mission, including seeking the cooperation of manufacturers and relying upon the creativity of both the public and private sectors.”

This creates an increasingly messy situation for Apple, which has been very vocal with its opposition for violating customer privacy in favor of national security. Apple now needs to figure out what vulnerability the “mystery method” used by the FBI took advantage of and patch it. But it’s unclear if the method used by the FBI will be revealed officially and if it is valid on newer iOS devices.

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Comments

  1. srgmac - 8 years ago

    All that drama for nothing. Well, Apple won, for now. I’m glad, but I am still very terrified of what they will say when the next attack happens. Before you know it they will be calling Tim Cook a terrorist himself just to get what they want. Sickening.

    • Dave Huntley - 8 years ago

      Apple didn’t win, they said their own people were unable to break th device then some hacker outfit comes alomg and shows the govt how to do it. That is really bad marleting for Apple, they were screwed either way. Most Americans did want Apple to break the phone for the FBI, so they alienated customers by resisting, most geeks were fiercely the other way, but they are a small part of the market. Oddly none of the Anti Apple crusaders seem to have noticed Microsoft is shipping with backdoors tailored for each oppressive govt and Samsung said it would have unlocked the phone for the FBI on request. While many on here whine on about the US govt oppressing u, note the terrorist with the phone killed Americans and China, Russia and more are all on spying on you and your communications all the time too. But your paranoia doesnt extend that far?

      • boycottappleamerica - 8 years ago

        Well said. http://Www.Boycott-Applle.com the #1 Anti-American Company.

      • srgmac - 8 years ago

        “Most Americans” did want them to “break” the phone for the FBI?
        Source for that claim..?

      • jerd11 - 8 years ago

        Even if you had sources backing up your claims regarding what “most Americans” wanted, and/or that China & Russia are spying on us and our communications “all the time,” how is the latter relevant to this situation? I don’t follow your attempted train of logic: People wanted/did not want Apple to concede to government demands to unlock one phone, (yes we noted that it was Americans who were killed, hence the government involved in the story is the US) … leading “many” to whine about government oppression so therefore … we/they should extend the paranoia to other countries spying?

    • Aunty T (@AuntyTroll) - 8 years ago

      Wow the Apple fanboism is strong with this one.

      Apple have won exactly zilch. Not only have they been unwilling to help their own government investigate the tragic deaths of fellow Americans, they have also proven that despite all their posturing, their operating system can be accessed anyway, rendering the whole argument moot. Laughably some people are calling for the FBI to tell Apple exactly how the phone was accessed, even though Apple where unwilling to play ball in the first place.

      If this phone was made by Samsung, LG or any other non-American company you’d be marching up to the White House gates calling for the Government to use what ever means necessary to get those companies to comply, for the good of the American People. You know it, I know it & it’s embarrassing and even now the amount of spin you and others are trying to put on it is shameful.

      If you are that paranoid about your own Government have you considered moving to a country where you might feel a little bit more secure – somewhere like China or North Korea perhaps?

      • Doug Aalseth - 8 years ago

        “If this phone was made by Samsung, LG or any other non-American company you’d be marching up to the White House gates calling for the Government to use what ever means necessary to get those companies to comply, for the good of the American People. You know it, I know it & it’s embarrassing and even now the amount of spin you and others are trying to put on it is shameful.”

        Uh, no. Criminal government behaviour is criminal government behaviour and it doesn’t matter if the phone was produced by Apple, Samsung Iran or North Korea. The difference is that I’m fairly confident that phones by Samsung or LG HAVE back doors in them already.

        “If you are that paranoid about your own Government have you considered moving to a country where you might feel a little bit more secure”
        Did that a decade ago. I could see the writing on the wall so I left the US with no interest in ever moving back. Last November became a citizen.

      • Spencer Balensiefer - 8 years ago

        Citizen if what?

      • Doug Aalseth - 8 years ago

        Canada. It’s not perfect but it works far better than the US does.

      • srgmac - 8 years ago

        I find it pretty funny that I stated “for now…” — won meaning they’re not facing a court battle anymore, which is a burden lifted off of them, if only temporary.
        But I suppose someone who writes something like “Not only have they been unwilling to help their own government investigate the tragic deaths of fellow Americans” — which is completely false, they did help the FBI from the beginning; are you forgetting the FBI changed the iCloud password WITHOUT TELLING APPLE FIRST, which caused this whole debacle in the FIRST PLACE!?
        The rest of that garbage you typed isn’t even worthy of a response.

      • dcperin - 8 years ago

        The Apple hate is strong with this one⬆️

        To both sides, why don’t we put this much effort into tightening gun laws in this country. I’m pretty sure his iP didn’t put bullets in other humans. It was the gun and other weapons he somehow had access to that put the bullet through other humans.

        We don’t even know how they got into the iP.. Or if they even did for that matter. What’s not debatable is that in THEIR eyes they would benefit from telling the world they got into a phone that Apple said they themselves couldn’t get into. So it’s pretty convenient, yeah? You’re looking at this from a 1 case point of view. And I’d side with the government if that was the case. It’s not. They have thousands of iPhones they want Apple to unlock. They’ll use this as precedence over and over and over and over until we’ve seen it so much we actually think they have the right to go through any phone they so choose.

        No, I won’t leave the country I was born in just bc the US government can’t be trust and has been caught spying on us before. Packing your bags and leaving is what you call a quitter. That’s how things never get changed to begin with. What you do is stand up for what’s right and not allow them to treat you like this anymore. Not to mention, uprooting your life and moving to an unknown land isn’t an option for 99% of the people in this country.

        I’m not Apple fanboy, I’ve owned Apple, Samsung, LG, Motorola, Microsoft. Why I am is a tech fan boy……and I actually own a Galaxy S7 Edge right now waiting for the iP 7 to come out. Idc if it’s any of the ones I mentioned, it doesn’t make it right. The spin you’re putting on it like its Apple and their fans vs the world is what’s embarrassing… Didn’t Apple even have support from some of the victims family as well?? Yeah, bc their Apple fanboyism trumps the love they had for their child, brother, mother, father of lover?

      • boycottappleamerica - 8 years ago

        Apple sucks…especially Tim Cook….super fake. http://Www.Boycott-Apple.com the #1 Anti-American company

  2. applenthusiast - 8 years ago

    I do hope the Government will be required to show proof of this alleged unlock, but I doubt the Government will comply, only to label said information under the wide umbrella that is “National Security”. This monster may have gone in to hiding but it’ll rear its ugly head again one day. Count on it.

    • luckydcxx - 8 years ago

      Why would they need to? They dropped the case. If I sue you for hitting my car then I just want to drop it, I don’t need to show that I fixed the car.

    • givemethedaily - 8 years ago

      There is very little transparency by any level of government during the time an event happens. Expect “We can’t comment on an ongoing investigation.” Or “We can’t comment while there is possible litigation.”

  3. rogifan - 8 years ago

    How do we know they’re not lying? How do we know they’re not just saying this so it never gets to the Supreme Court?

    • Doug Aalseth - 8 years ago

      Of course they are. Their lips are moving aren’t they?

      • Greg Buser - 8 years ago

        How do we know they haven’t been lying from the beginning? There is a good chance they had the information all along and were attempting to use the San Bernadino event and the associated fear of terrorists to milk public outrage to get Apple to cave.

    • Jake Becker - 8 years ago

      Exactly correct

    • applewatch20152015 - 8 years ago

      I agree. If it goes to the Supreme Court, it will NOT go their way and they don’t want to risk a law being in place against them. Sadly, they’re throwing in the towel for justice for the family and will concede this case so they’re free to infringe on people’s rights in other cases.

    • Dan (@danmdan) - 8 years ago

      Another possibility is that Apple really has helped the FBI in accessing the phone, but secretly and non-attributable ?

  4. Dafty Punk - 8 years ago

    I don’t care how they did it, I want to know if they actually got ANY information of use off the phone once it was unlocked. I’d bet there was zero information that was helpful on the actual phone in question.

    • taoprophet420 - 8 years ago

      They had other iCloud backupsfrom the phone. I doubt the latest backup had anything of importance.

  5. There should be a counter lawsuit against the FBI to ensure proper laws are established and they are prevented from performing their illegal actions again.

  6. Lawrence Krupp - 8 years ago

    The ending of this controversy was so predictable once the tide turned against the government. They are masters of propaganda and misdirection.

  7. 89p13 - 8 years ago

    ” . . . protect national security and public safety.” Furthermore, the DOJ explained that it will “continue to pursue all available options for this mission, including seeking the cooperation of manufacturers and relying upon the creativity of both the public and private sectors.”

    Which means they want to be to continue to subvert our rights as US Citizens. The next event will start this whole circus over again.

    Apple – Bake it into the silicon and make it so secure that there is no GovtOS way to engineer it out!

  8. Doug Aalseth - 8 years ago

    And they got nothing. There never was any data on this phone. They were lying about that. Of course they were lying about everything else as well.

    • applenthusiast - 8 years ago

      “Big Data” is big business. The Government gets a hardon when it’s able to collect law abiding citizens data in bulk. They love spying.

      • Aunty T (@AuntyTroll) - 8 years ago

        You frightened in case the Government find out your porn surfing habits by any chance?

    • mytawalbeh - 8 years ago

      You’re probably reading the pages upside down from that book.

  9. nonameisme - 8 years ago

    Anyone believe this, I have a bridge for sale in Brooklyn for you.

  10. Alex Goldberg - 8 years ago

    I’m so glad FBI did that. I hope that the government would pas a law requiring phone manufacturers to cooperate with DOJ investigations. Apple is not above the law. Neither is Cook. In my book he’s helping terrorists and should be held accountable.

    • nonameisme - 8 years ago

      Apple did help the FBI. For months. Are you not aware of this?

      • iSRS - 8 years ago

        Of course he isn’t, because he (a) either has an illogical hate for Apple, or (b) doesn’t let facts get in the way and trusts the media to tell the whole truth.

    • iali87 - 8 years ago

      You need educate yourself a little more on the subject. Maybe John Oliver’s episode on the issue is good for you.

    • flaviosuave - 8 years ago

      In my book, you’re a moron and should be held accountable.

    • dcperin - 8 years ago

      Riiiiiiight….. Pass a law that helps the government (that was caught spying on people once already) spy even more, without any regard for privacy… The federal and local government abuse their power as it is, let’s give them EVEN more access to our personal and private things. I have stuff on my phone that isn’t illegal, that still doesn’t mean I want some stranger going through it just bc he got an itch he can’t scratch and needs to meet his quota for the month. How delusional are you…?

      Yeah, passing a law would take down a lot of disgusting criminals, which makes up a very small percentage of the population… What about the 99% of law abiding citizens that did nothing wrong in the first place? Just throw us out in the cold? Soon after the law is passed, they’ll manipulate it to their advantage, then before too long just a suspicion that someone is on it is enough.. Ala this case. No thanks. Let me know if you ever enter reality.

    • iSRS - 8 years ago

      So they should also pass a law to make gun, lock, safe, etc. manufacturers help when one of their products is involved?

      This case ended exactly the way thousands, if not millions, of cases have been handled in the past 200 years. The government will go to, or have, an expert in doing such things.

      This case was solely about forcing technology to be weakened to make it easier for them.

  11. boycottappleamerica - 8 years ago

    Apple had the opportunity to do the right thing…acting in the best interest of America…epic fail. Apple will now go down in history as being one of the most anti-American companies. http://Www.Boycott-Apple.com

    • taoprophet420 - 8 years ago

      You do realize Apple helped them get several iCloud backups? Until the government changed the password?

    • iSRS - 8 years ago

      No, not really. They did act in the best interest of the American people.

      • boycottappleamerica - 8 years ago

        That is exactly what they want you to think. All theatrics, pandering, Cook could care less about America…Cook is solely focused on what is good for Apple. Just look at his hostory…he doesn’t give a crap about America. His past actions only confirm this. Apple should be ashame of its behavior. Sure all the geeks will bow to Apple and Cook…they have drunk the kool-aid. America will not forget this disgraceful behavior…I surely won’t. http://Www.Boycott-Apple.com They could have, should have acted in the best interest of America. They didn’t…and i see them is pure scum.

    • mytawalbeh - 8 years ago

      Anti-American ?
      It is the most supportive company for the economy of US, the most company pays taxes, securing jobs for hundred thousands of people, leads the innovation in tech industry, and above of all, it gives a bright and shinning picture of America to the rest of the world.
      Morons like you and your example trump will ruin America.

      • Aunty T (@AuntyTroll) - 8 years ago

        You need to take off your rose tinted glasses my friend because:

        Apple doesn’t pay the most taxes.

        Makes most of it’s stuff abroad so it doesn’t have to pay American wages/costs.

        Hasn’t lead innovation in the tech industry for a number of years.

    • mytawalbeh - 8 years ago

      BTW I’ve visited that bulls**t website ! LMAO
      I will remember to read that every time I need to laugh.

    • Fallenjt JT - 8 years ago

      You are an example why FBI continues their agenda: making idiots think they protect them.

  12. createoffshorecompany - 8 years ago

    Awesome – they didn’t need to create a GovtOS for older phones and in the future they can create a better secure enclave that does the password requests in hardware so that there is no possibility of a GovtOS overriding the timers

  13. vxxxcv - 8 years ago

    They’ve done it by NAND mirroring.It gives possibility to brute force iPhone without any delays.

  14. dcperin - 8 years ago

    1. $100 says the iP didn’t have jack on it. He cleared other data, why wouldn’t he clear his most personal electronics device as well?

    2. The longer this went on, and the better understanding that “tech dummies” got about what the FBI actually wanted or what it would do with the access in the future, the worse it made the FBI look. They was at least smart enough to see that. No props given here though….

    3. Even if they’re not lying and did get the iP unlocked, you better believe that the next major iOS version will be equipped with a patch for that.. At least it better!

    4. This world is going to sh*t… It’s sad the FBI is using such a horrible case to try and leverage themselves in a winning position for now and for the future. If they was granted access, they would have abused it beyond our wildest nightmare. To only the smallest extent, I can sympathize with them some. They’re fighting an invisible enemy. There’s no real clear answer of what to do with all the Muslim extremists bc you don’t see them coming. They’re not wearing a uniform with a name tag. Ordinary, peaceful Muslims suffer more than anyone. It’s just a mess manufactured by a flawed logic, deliberately misinterpretating the Quran to suppress and control large Muslim populations, and the US government’s involvement only added fuel to a fire that was about to explode anyway. I at least get that. It would be frustrating fighting a ghost 24/7. But this isn’t the way to do it.

    • dcperin - 8 years ago

      I mean taking the right to privacy away from the 99.9% just bc that .01% is bad isn’t the way to go*

      • dcperin - 8 years ago

        That doesn’t equal .100 but ya’ll know what I mean. 😉

    • taoprophet420 - 8 years ago

      The other iCloud backups had nothing on it, so doubt this one did. He destroyed his personal phone and computer so I highly doubt anything was ever on this phone.

      • dcperin - 8 years ago

        Yeah….. That’s what I was getting at with #1…

  15. boccabella - 8 years ago

    There is no proof this phone was actually locked when recovered, maybe it was, maybe it wasn’t, but in any case the government has license to damage Apple’s reputation under the guise of national security.

  16. yojp - 8 years ago

    I think the proper compromise is to provide a hardware-based method for a court authorized agent to “hack” an iPhone that requires the physical presence of the phone. That, rather than a “back door” that can be accessed by network, putting ALL our phones at risk. This is closer to the metaphor of the court order to break into a house which doesn’t provide a “skeleton key” to access ALL houses. Just the one house.

    Jim in Boulder

  17. riskbene2014 - 8 years ago

    Not over just yet. We will see this again when the FBI finds a post-it-note with a coded message. They’ll demand 3M and Papermate to create an enigma machine to decode the message.

  18. aasimtech - 8 years ago

    Can’t help wonder if this was part of a deal by Apple to get a graceful exit… and I wish I’m completely wrong here!

  19. Alex D (@lucky87ad) - 8 years ago

    You know even if there’s absolutely nothing of value on the phone the FBI will still claim there was all sorts of valuable information. Get ready for it.

    • taoprophet420 - 8 years ago

      Considering nothing of value was on the other iCloud backups,it is extremely unlikely that anything was in this particular backup.

      It would not be shocking at all if the FBI claims there was critical information linked to other people involved in this shooting to try to say Apple delayed them from pursuing other people in a reasonable time frame. The FBI will try to frame it as Apple was obstructing justice.

      • Aunty T (@AuntyTroll) - 8 years ago

        So what you are basically saying is that IF there is evidence on that phone that prevents another terrorist attack on American soil then you believe that the FBI have planted it there so make Apple look bad, and to access your phones in the future is that right?

        Jesus – no wonder the majority of conspiracy theories originate in the US. The lack of common sense and common decency is insane.

      • dcperin - 8 years ago

        @Aunty T: Ha! Did you just deliberately take his comment out of context? I think it’s pretty clear he meant they’d simply say they got useful information from the iP without ever saying what that information was… You don’t think they would do that, then you’re very gullible..

        Also, I find it pretty damn ironic that you have the nerve to say American’s lack common sense when you suggested US citizens move to China or North Korea if they don’t want to be spied on by their own government anymore…..

  20. Chuck Ott - 8 years ago

    B.S. nice try FBI :)

  21. bdkennedy11 - 8 years ago

    I’ve seen and heard a lot of things in 47 years. And knowing what the FBI and and Department of Homeland Security is capable of, this was just another chance to take a little bit more of our civil liberties away from us – like after 9/11 – security cameras on every street corner, license plate readers, no refusal checkpoints, etc. They do it very slowly, hoping most people will forget the last accomplishment they stole from us. You’re going to allow it, because you’re scared.

    • taoprophet420 - 8 years ago

      Civil liberties went out the window with the Patriot Act and many of those infringements were already going on illegally. Just like that AT&T site that all phone and sms data was being stored and. Jewel by the government.

  22. At least there won’t be a govtOS anymore.

  23. hijaszu - 8 years ago

    They had backup of the phone from iCloud. That is usually not destroying itself on brute forcing…

  24. erasmodanarni - 8 years ago

    Who does still believe the government BS? After gulf of Tonkin and Iraq WMD false flags …

  25. Spencer Balensiefer - 8 years ago

    Because the FBI is a BITCH–They knew they’d lose the case.

  26. John Smith - 8 years ago

    Well done the FBI.

    Apple should never have been trying to create law enforcement obstructing devices and services in the first place and any responsible corporation should comply with a court order in a murder investigation.

    Once again it demonstrates Apple’s basic lack of competence. They have refused to provide a secure law enforcement access to their devices. But at the same time it is now clear that an uncontrolled back door is available.

    I don’t need Apple to keep the FBI or any other law enforcement agency out of my phone – unless I develop silly fantasies about being of interest to them. I do need Apple to keep phone thieves, hackers, corporations like Google etc out of my phone. If I’m a victim of crime, then I do need Apple to support me, not the criminal, by assisting the cops. At the moment Apple is failing on every single one of these.

  27. jerd11 - 8 years ago

    So basically they didn’t get their way and opted for the scorned adolescent “FINE! We don’t need you anyway” method of saving face.

Author

Avatar for Chance Miller Chance Miller

Chance is an editor for the entire 9to5 network and covers the latest Apple news for 9to5Mac.

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