Apple's officially off the hook.
The US Department of Justice, with the help of a third party, has successfully accessed data on a phone used by a terrorist in December's attack in San Beardino, it revealed in a court filing Monday. It said it no longer needs Apple's assistance in unlocking the iPhone 5C used by Syed Farook, and it has asked Riverside, Califoia-based US Magistrate Judge Sheri Pym to vacate her order compelling Apple to assist in the case.
The move Monday ends the legal battle between Apple and the FBI in this particular case, but it doesn't end the overarching battle about privacy and security. The govement's success at accessing data on the iPhone also raises some conces about the security of Apple's devices.
"We sought an order compelling Apple to help unlock the phone to fulfill a solemn commitment to the victims of the San Beardino shooting -- that we will not rest until we have fully pursued every investigative lead related to the vicious attack," Eileen M. Decker, US attoey for the Central District of Califoia, said in a statement. "Although this step in the investigation is now complete, we will continue to explore every lead, and seek any appropriate legal process, to ensure our investigation collects all of the evidence related to this terrorist attack. The San Beardino victims deserve nothing less."
Apple didn't immediately have a comment.
The update comes a week after the DOJ asked for a delay in its hearing with Apple and a week before the govement's deadline to update the court.
Last week, the US Justice Department asked a judge to call off last Tuesday's hearing over whether Apple should have to make software that lets the FBI unlock an iPhone 5C coected to the San Beardino attack. In a surprise revelation, the govement said an uamed outside party has provided investigators with a method that might provide access to the phone's data. It wanted time to explore the alteative way to get into the iPhone.
The move by the Justice Department on Monday ends the tussle between the tech titan and the govement over a single iPhone, which has spun out into a broader debate with much more at stake. Technology companies and rights groups argue strong encryption, which scrambles data so it can only be read by the right person, is needed to keep people safe and protect privacy. Law enforcement argues it can't fight crimes unless it has access to information on mobile devices.
DOJ spokesman Marc Raimondi said Monday that "it remains a priority for the govement to ensure that law enforcement can obtain crucial digital information to protect national security and public safety, either with cooperation from relevant parties, or through the court system when cooperation fails. We 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."
While Monday's motion ends the legal battle, it raises questions about the security of Apple's devices and how the DOJ was able to break into the phone. The FBI hasn't said what company it's working with or what method it used to access the data. Cellebrite, a privately held Israeli company that specializes in transferring or extracting data from phones, has been named in some reports as the third party helping the FBI unlock the iPhone, but neither the FBI nor Celelbrite has confirmed the reports.
If the FBI was able to hack into the iPhone 5C, it could mean other iPhones aren't as secure as believed.
"Although this averts the possibility of a further court decision that imperils Apple, it makes it clear that there is a security flaw in that generation of the OS," said Joshua Rich, a partner at Chicago-based law firm McDoell Boehnen Hulbert & Berghoff. "Apple now will have to try to pinpoint the flaw and fix it -- most likely, without much help from the US govement in showing how it got in. So while this resolution averts a crisis, it means Apple has more work to do."
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