Trump just tweeted a tweet that might escalate a sticky situation into an outright showdown between Apple and the US Department of Justice — by effectively claiming that Apple is refusing to do its patriotic duty to unlock two iPhones connected to last month’s shooting at a naval base in Pensacola, Florida.
Yesterday, Attorney General William Barr accused Apple of much the same thing, saying that the tech company had provided no “substantive assistance” to the FBI in unlocking the shooter’s phones. But it’s a much more nuanced matter than that.
For starts, Apple claims that it has been continually assisting the FBI with the Pensacola phones, by providing data backed up from the phones to iCloud servers and account information, as we reported yesterday. Apple says it’s handed over gigabytes of data to investigators, and has been responding to each request within hours. Apple also suggested that the FBI seemed to be satisfied until just eight days ago, saying that “The FBI only notified us on January 6th that they needed additional assistance — a month after the attack occurred.”
But it’s also not an easy matter to simply “unlock” an iPhone for the feds — even if Apple has refused to do so in this case, which isn’t yet clear. We learned this in 2016 when Apple actually did publicly refuse to unlock an iPhone used by one of the San Bernadino shooters, leading to a protracted legal fight that ended embarrassingly for the federal government when it turned out the feds didn’t need Apple’s help after all — partly because it paid a third-party for a tool to break into that iPhone, and partly because investigators were able to find the password on their own.
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