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The FBI may be keeping Apple in the dark about how it broke into an iPhone used by a terrorist. But now it's letting some members of Congress in on the secret.
The law enforcement agency has started briefing some US Senators about how it accessed data stored on an iPhone 5C owned by Syed Farook, one of the people involved in December's San Beardino, Califoia, terrorist attack that killed 14 people. That phone has been at the heart of a contentious and very public battle between Apple and the FBI -- one that has tued into a broader debate over privacy and security.
Sen. Diae Feinstein (D-Calif.) was briefed by the FBI about how it got into the iPhone 5C, a representative from her office confirmed to CNET, though he declined to give any details about the briefing. Feinstein is the vice chairman of the Senate Select Committee on Intelligence and one of the backers of a bill that would make sure the govement can access encrypted data. Feinstein has called encryption "the Achilles' heel of the Inteet."
The National Joual, which originally reported the news of the briefings by the FBI, also said Sen. Richard Burr (R-N.C.), the chairman of the Senate Intelligence Committee and co-sponsor of an encryption bill with Feinstein, was offered a briefing but hasn't taken it yet. His office didn't immediately respond to a request for comment.
The National Joual said both Feinstein and Burr believe Apple shouldn't be given information on how the FBI broke into the phone, which is an obvious stance given the bill they're plaing to introduce as soon as this week.
"I don't bexadlieve the govxadexadment has any obxadligxadaxadtion to Apple," Feinxadstein said in statexadment emailed to the National Joual. "No comxadpany or inxaddixadviduxadal is above the law, and I'm disxadmayed that anyxadone would rexadfuse to help the govxadexadment in a maxadjor terxadrorxadism inxadvestxadigxadaxadtion."
Law enforcement agencies like the FBI often give classified briefings to federal intelligence committees. But they don't have the same obligation to tell companies how they circumvent their security controls if sharing the information could hurt investigations. That has been particularly vexing to Apple of late.
The day before a hearing was set in Riverside, Califoia, about whether Apple should help the FBI unlock an iPhone, the FBI said it had found an alteate way to get into the phone. A week later, it said it had successfully accessed data on the iPhone but wouldn't say whether it would tell Apple about the method it used. Apple, which had been fighting a search warrant to help the FBI unlock Farook's iPhone, has said it wants the information so it can make sure its devices are secure.
Apple didn't have a comment Wednesday beyond its remarks last week after the DOJ dropped its search warrant. The FBI didn't immediately respond to a request for comment.
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