The media are closely following the Apple-FBI battle over developing software to unlock an iPhone used by terrorists in the San Bernardino terrorist attacks. Each side has many supporters, and understanding all of the facts is important in deciding who you support.
Here are 4 things you should know about the FBI vs. Apple Battle.
What Started this Battle?
On December 2, 2015, 14 people were killed and 22 people were injured during a mass-shooting terrorist attack in San Bernardino, California.
The terrorists, both of Pakistani descent, were husband and wife living in the Redlands; the husband was a public health employee. The attack occurred during a training event and holiday party for the San Bernardino Department of Public Health. The terrorists, after fleeing in an SUV, were killed in a shootout with police. The FBI began itsinvestigation the very next day.
On February 9, 2016, the FBI announced that it was unable to open one of the terrorists’ phones, an iPhone 5C, because of the phone’s advanced security features that included encrypting user data.
The Problem
The FBI reports that the phone’s iCloud storage backup had been turned off about six weeks prior to the terrorist attack. The FBI is unable to access any information added after the backup was turned off, leading investigators to believe that the terrorists were hiding important information on the phone.
In 2014, Apple changed iPhones’ operating systems to be encrypted by default; this security feature means that even Apple cannot decrypt the phones.
The FBI is hesitant to try tocrack the passcode because after 10 failed attempts, all of the phone’s data is erased, a feature common on work-issued phones.
What the FBI is Asking of Apple
The FBI wants Apple to develop and upload a modified operating system on the terrorists’ phone in order to:
- Disable the 10-attempt limit
- Permit electronic entry (enabling the FBI to use its password-guessing computer program)
Apple has staunchly refused (a fight lead by the CRO Tim Cook) to develop the back door into the phone, arguing that the act would totally undermine the security that the company promises its customers.
The Legal Battle
The FBI is asking a federal judge in California for a court order forcing Apple to develop and install the software to help the FBI break into the phone. In February, a California magistrate ordered Apple to help the FBI hack into the terrorists’ phone.
Apple filed an appeal to the court order. The U.S. House Judiciary Committee has been hearing arguments from both sides. As the legal battle ensues in Congress, the final ruling will have a major impact on the future of federal organizations and technology companies.
Legal cases can be difficult to understand, especially when previous cases are referenced. Criminal defense is an important part of law and defendants need an experienced attorney to help them achieve the best possible outcome.
If you need a criminal defense lawyer, contact the Kyle Law Firm servicing the San Marcos, New Braunfels, and Seguin, Texas areas for a free initial consultation. We are dedicated to providing you with the best legal counsel and advice.
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