![]() Shortly after the Court granted the FBI application and issued the order to Apple, the FBI moved to unseal the documents and notified the press of its request for Apple’s assistance in the case. The Court also noted that “Apple shall advise the government of the reasonable cost of providing this service” and that “o the extent that Apple believes that compliance with this Order would be unreasonably burdensome, it may make an application” to the Court “within five business days” of the Order. ![]() The Court noted that Apple may seek to comply with the order “using an alternate technical means” if “it can achieve the three functions” stated in the order. The Court also specified that “Apple’s reasonable technical assistance may include, but is not limited to: providing the FBI with a signed iPhone Software file, recovery bundle, or other Software Image File (“SIF”) that can be loaded onto the SUBJECT DEVICE.” This custom software would need to be able to “load and run from Random Access Memory (“RAM”) and will not modify the iOS on the actual phone, the user data partition or system partition on the device’s flash memory.” Apple would also need to uniquely code the software to the phone at issue and provide the government with a means to “conduct passcode recovery analysis” on the device in an Apple facility or government facility. it will ensure that when the FBI submits passcodes to the SUBJECT DEVICE, software running on the device will not purposefully introduce any additional delay between passcode attempts beyond what is incurred by Apple hardware.it will enable the FBI to submit passcodes to the SUBJECT DEVICE for testing electronically via the physical device port, Bluetooth, Wi-Fi, or other protocol available on the SUBJECT DEVICE. ![]() it will by pass or disable the auto-erase function whether or not it has been enabled.The Court granted the application the same day and issued a three page order requiring apple to “assist in enabling” the search of the phone by “providing reasonable technical assistance,” which “shall accomplish the following three important functions”: The case is captioned “In the Matter of the Search of An Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203.” The FBI filed an application for an order of assistance under the All Writs Act, 28 U.S.C. District Court for the Central District of California in December 2015, following the attacks in San Bernardino. The dispute between Apple and the FBI arises out of a warrant application that the agency filed in the U.S. Apple argues that if the order is granted it will undermine the security of all Apple devices and set a dangerous precedent for future cases. Apple has opposed the order on the grounds that it is unlawful and unconstitutional. The Court issued an order requiring that this custom hacking tool be created and installed by Apple without unlocking or otherwise changing the data on the phone. ![]() But because Apple has no way to access the encrypted data on the seized iPhone, the FBI applied for an order requiring Apple to create a custom operating system that would disable key security features on the iPhone. The FBI was unable to access data on the locked iPhone, which was owned by the San Bernardino Health Department but used by one of the perpetrators, and requested that the Court order Apple to provide assistance in decrypting the phone. The dispute between Apple and the FBI arises out of an application that the agency filed with a federal magistrate judge in California, seeking assistance with the search of an iPhone that was seized during the investigation into the December 2015 attacks in San Bernardino, CA.
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