Feds Tell Court Apple Creates Technology To Thwart iPhone Warrants

The Department of Justice (DOJ) is currently working with the FBI in a legal battle against technology giant Apple. After being told to help unlock an iPhone through a software modification, the company began to argue that they could not be made to bypass their own security features by use of an All Writs Act. The DOJ have now filed fresh claims that specifically say that Apple is creating technology to thwart iPhone warrants.

The Department of Justice filed a brief on Thursday stating that Apple had created technology to render search warrants useless because of a “deliberate marketing decision”. The result of this decision is the current legal battle between the FBI and Apple and the questions being asked in congress regarding privacy vs security.

The brief carries on to that the use of the All Writs Act ensures “that their lawful warrants were not thwarted by third parties like Apple”. The brief continues to say:

Apple deliberately raised technological barriers that now stand between a lawful warrant and an iPhone containing evidence related to the terrorist mass murder of 14 Americans. Apple alone can remove those barriers so that the FBI can search the phone, and it can do so without undue burden. Under those specific circumstances, Apple can be compelled to give aid. That is not lawless tyranny. Rather, it is ordered liberty vindicating the rule of law.

Given that it’s been pointed out by several other people could also hack the iPhone, and while they claim it could be done without undue burden (an argument Apple has used to say that it won’t do it because of the impact it would have on their business), we have already been told that there are hundreds of iPhones in criminal cases which the FBI “could” want to be unlocked. Security experts are already coming out speaking about this latest filing

Security experts are already coming out speaking about this latest information about a topic which seems to escalate with every passing day.

https://twitter.com/JZdziarski/status/708059202107928577?ref_src=twsrc%5Etfw

https://twitter.com/agcrocker/status/708034792026050561?ref_src=twsrc%5Etfw

DOJ Appealing Order Found in Favor of Apple

Apple is everywhere in the news these days. From the rumoured features of their next generation of phones to the courtrooms. In a case that recently came to light in New York, the judge ruled that Apple could not be forced to unlock an iPhone by the All Writs Act. This didn’t sit well with the DOJ who are now appealing the order.

The case in New York features another iPhone, again locked by a passcode. Repeatedly trying different passcode risks the data on the phone, thanks to a security measure put in place that states when you fail to put in the passcode 10 times, it will erase the phone. With so many combinations, the FBI are looking to enlist Apple’s help to type in passcodes through software, without the data being erased.

I say looking to enlist, but the act used (the All Writs Act) has been deemed as some as an order from a judge where no legal precedent is available for the request. A judge in New York recently ruled that Apple couldn’t be forced to remove these settings or extract the data by use of the All Writs Act.

The DOJ don’t seem happy though with this ruling, asking the court to review the decision by the Magistrate Judge, with the hopes that they can get the iPhone unlocked and the continued in a similar fashion to the one currently taking place in California.

Apple Told All Writs Act Can’t Force Them To Unlock iPhone

Recently Apple has been involved in court battle after court battle, with the largest battle being the San Bernardino case against the FBI. In the case, the FBI are looking to use an 18th-century law, the All Writs Act, to get Apple to create some software  that would let them get passed the passcode. In a similar case, a judge has just made a ruling, something that makes it look like Apple may win their legal battle against the FBI.

In the case, the Drug Enforcement Agency had seized an iPhone and were looking to use the All Writs Act to unlock the iPhone, an iPhone 5. Just like in the San Bernardino case, Apple objected and argued that there are nine cases (now eleven) where the government are looking to gain access to iPhones.

Judge Orenstein looked at previous court decision and found that under the rule of three the All Writs Act couldn’t be applied. One of the rules for applying the All Writs Act was if the person/group had a connection to the case. In this instance, the judge decided that Apple, who are a private party with no connection the criminal activity, couldn’t be made to perform work against their will by the All Writs Act.

Judge Orenstein also warned against the use of the All Writs Act to create a precedent that would mean that companies like Apple would have to fulfill the government wishes, something the FBI are not looking for.

This could be the case Apple need to finally say to the FBI that their rights, and their company, can’t be forced to work for a cause that they have no link to. Given Apple’s response relied heavily on their amendment rights, it will be interesting to see how the FBI responds to this ruling.

Apple To Fight Government On Creating iPhone Backdoor

We reported earlier that Apple had been ordered to not unlock a phone, something they have constantly stated they could not do, but instead create the means for the government to access it. It would seem Apple were as happy to hear about this as we were and are looking to fight them about creating a backdoor into their iPhones.

In our story so far, Apple are not unknown for facing court trials that have tried to make them unlock an iPhone, even after cases have ended. The latest court case tried to do just that, but instead of asking for a way to the phone, Judge Sheri Pym has used the All Writs Act to demand that Apple creates a backdoor to enable the FBI to unlock the iPhone in a court case. The All Writs Act is an 18th-century piece of legislation which says if the government asks you to jump, you jump.

In Tom Cook’s letter to their customers, he clearly expresses what they are asking for and why he believes it is outrageous that they can do this. Before we see his response though the following extract from the court order shows just what they are requesting.

“Apple’s reasonable technical assistance shall accomplish the following three important functions: (1) it will bypass or disable the auto-erase function whether or not it has been enabled; (2) it will enable the FBI to submit passcodes to the SUBJECT DEVICE for testing electronically via the physical device port, Bluetooth, Wi-Fi, or other protocol available on the SUBJECT and (3) it will ensure that when the FBI submits passcodes to the SUBJECT DEVICE, software running on the device will not purposefully introduce any additional delay between passcode attempts beyond what is incurred by Apple hardware.”

What they end up saying is that Apple will have to remove the passcodes that protect the iPhone, enabling the FBI to try every single passcode possible. This is often known as a “brute force hack”, a method where every possible combination is used in order to try gain access to something, similar to how you could spin the dials on a combination lock to open up your luggage on holiday.

Tom Cook’s understanding of it is that the FBI want them to create a new version of their iOS for the phone, bypassing all their security features when it was installed on to the phone. While they say it will only be used in this one case, Cook explains that this cannot be guaranteed and would only seek to put more iPhones at risk.

With the request essentially being an order it’s being called a “frightful precedent” that a judge could request the removal of key security features. Given their history with hacking, it may come as no surprise that people aren’t too keen to give the keys to the kingdom to government agencies.