[Infowarrior] - US files motion to compel against Apple

[Richard Forno]

U.S. Slams Apple’s Cook for Refusing to Help in Terror Probe

Edvard Pettersson edpettersson

February 19, 2016 — 2:00 PM EST Updated on February 19, 2016 — 3:00 PM EST

http://www.bloomberg.com/news/articles/2016-02-19/u-s-files-new-request-to-force-apple-to-help-in-iphone-probe

The U.S. fired back at Apple Inc. Chief Executive Officer Tim Cook after he publicly refused to cooperate with a judge’s order to aid law enforcement in unlocking a terrorist’s iPhone.

On Friday, the government again asked the court to compel Apple to obey the judge’s order to help in opening the phone used by Syed Rizwan Farook, who died in a shootout with law enforcement in San Bernardino, California, after a massacre that killed 14 people.

Apple’s resistance is “based on its concern for its business model and public brand marketing strategy,” the government said in a filing in federal court in Riverside, California. Apple “is not above the law.”

Clearly frustrated with Apple’s intransigence, the government submitted its demand a week before Apple’s deadline to respond to the judge’s earlier order. Advancing its case in the courts of both law and public opinion, the Justice Department essentially said the company has placed its profits and popularity ahead of the public’s safety. Prosecutors expanded on their initial request while picking apart Apple’s defense, as explained in a letter Cook published on the company’s website earlier this week.

Cook refused to comply with the judge’s initial order, saying it would create a “back door” to its devices and calling the order a “chilling” attack on civil liberties.

The U.S. countered Cook’s arguments Friday, saying “the assistance ordered is not a ‘back door’ or a ‘hack’ to all of Apple’s encryption software.” Citing the urgency of this investigation, the Justice Department said it’s seeking the ruling because Apple has made it “patently clear” that it will fight the earlier order.

Prosecutors want Apple to provide customized software that will prevent the data on the phone from being deleted after 10 attempts to input the passcode. The software also must enable agents to send electronic passcodes to the phone, rather than manually typing them in. The software would allow agents to automatically enter multiple passcodes to get around the encryption standards.

“At no point has Apple ever said that it does not have the technical ability to comply with the order,” the Justice Department said in the filing. “On this point, Apple’s silence speaks volumes.”

Kristin Huguet, a spokeswoman for Apple, didn’t answer a call seeking comment.

The U.S. said Apple’s stance threatened “the most fundamental investigative tool of all”: a search warrant. “Unless this court enforces the order requiring Apple’s assistance, the warrant will be meaningless,” prosecutors said.

Apple has until Feb. 26 to file its response to the original order. A hearing is set for March 22.


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