The Federal Bureau of Investigation announced Monday it successfully opened a mass shooter’s iPhone with the use of a mysterious, third-party method, ending a two month battle between the government agency and technology giant Apple.
The announcement might end the FBI’s need to open the phone, but for the time being, it appears its public sparring with Apple might not be over.
Tami Abdollah and Brandon Bailey of The Associated Press had the day’s news:
The extraordinary legal fight pitting the Obama administration against technology giant Apple Inc. ended unexpectedly after the FBI said it used a mysterious method without Apple’s help to hack into a California mass shooter’s iPhone.
Left unanswered, however, were questions about how the sudden development would affect privacy in the future, and what happens the next time the government is frustrated by digital security lockout features.
Government prosecutors asked a federal judge on Monday to vacate a disputed order forcing Apple to help the FBI break into the iPhone, saying it was no longer necessary.
The FBI used the unspecified technique to access data on an iPhone used by gunman Syed Farook, who died with his wife in a gun battle with police after they killed 14 people in San Bernardino, California, in December. The Justice Department said agents are now reviewing the information on the phone.
But the government’s brief court filing, in U.S. District Court for the Central District of California, provided no details about how the FBI got into the phone. Nor did it identify the non-government “outside party” that showed agents how to get past the phone’s security defenses. Authorities had previously said only Apple had the ability to help them unlock the phone.
Apple responded by saying it will continue to increase the security of its products.
Alex Hern of The Guardian described Apple’s response to the FBI’s announcement:
In its statement, Apple fought back against the government’s framing of the issue as one of national security conflicting with personal privacy. It said: “We will continue to help law enforcement with their investigations, as we have done all along, and we will continue to increase the security of our products as the threats and attacks on our data become more frequent and more sophisticated.
“Apple believes deeply that people in the United States and around the world deserve data protection, security and privacy. Sacrificing one for the other only puts people and countries at greater risk.”
But the company, based in Cupertino, California, acknowledges that the FBI’s withdrawal is likely to be only the end of a battle, not victory in the longer war. “This case raised issues which deserve a national conversation about our civil liberties, and our collective security and privacy. Apple remains committed to participating in that discussion.”
Despite a victory last month in the courts over a similar case in New York, there is no shortage of other potential test cases, and the FBI is able to pick its battlegrounds at will.
Oren Falkowitz reflected on the FBI’s announcement for Fortune:
The latest development might signal a victory for both Apple and the FBI, but there really are no winners here. Federal authorities’ efforts to gain access to private data through a third party highlights a thriving black market where companies sell information on software vulnerabilities to governments and non-state actors, including the United States. This is business as usual. But in its zeal to crack the iPhone, the U.S. government was actually taking a huge step backwards, letting down the tech industry and its own citizens.
What’s more, the FBI made a mistake in trying to force Apple’s hand. Setting up an unintentional iPhone hacking challenge isn’t in anyone’s best interest. Even though the agency didn’t directly seek help in unlocking the iPhone, they enticed security researchers to offer aid by revealing that they couldn’t hack it on their own. It’s not surprising that hackers across the globe have come out of the woodwork to lend a hand. Some are doing it for fame and others for money. An iPhone hack like this is worth millions on the black market.
This mad rush to hack the iPhone was more than just a PR problem for the FBI. It undermined the security of technology that people rely on every day. It put the public at greater risk of compromise and attack. And it sent a signal that the government prioritized the potential to get intel in one case over the security of the many.
In outlining his Cybersecurity National Action Plan last month, President Obama cited both the need for strengthening the U.S. government’s partnerships with the private sector to deter, detect and disrupt threats, as well as the need to do more to help empower Americans to protect themselves online.
The FBI-Apple battle is an unfortunate contradiction and reveals a surprising schism at the White House today. The President says he wants to strengthen the security of the Internet and has increased the budget for that. Yet the FBI is taking steps to counteract those policies. I understand the need to stand behind law enforcement, but people often don’t realize how interconnected these things are. Actions like these can destroy the secure fabric of the Internet — the platform that enables e-commerce and communications — which has transformed the economy over the last 20 years.
