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Apple fight on iPhone access extends to other cases
by Staff Writers
Washington (AFP) Feb 23, 2016


Bill Gates backs FBI in iPhone spat: report
Paris (AFP) Feb 23, 2016 - Microsoft founder Bill Gates is backing the FBI in its standoff with Apple over unlocking an iPhone in the probe of last year's deadly San Bernardino attacks, the Financial Times reported Tuesday.

Breaking ranks with Silicon Valley companies who support Apple in its refusal to hack the phone of one of the attackers, Gates said technology companies should be forced to co-operate with law enforcement in terrorism investigations, the paper said.

Gates disagreed with Apple chief Tim Cook's claim that the government was looking for a "back door" into phones and that compliance would set a wider precedent, it said.

Syed Farook, a US citizen, and his Pakistani wife Tashfeen Malik in December gunned down 14 people at an office party in San Bernardino, California, before they were killed in a shootout with police.

The FT report comes a day after a poll indicated that a majority of Americans also back the FBI in its battle with Apple.

The Pew Research Center survey found 51 percent of respondents supported the effort to require Apple to help unlock the iPhone, while 38 percent said Apple should not unlock the phone to ensure the security of other users' communications.

Apple's challenge of a court order to unlock the phone opens up a new front in the long-running battle between technology companies and the government over encryption.

US magistrate Judge Sheri Pym ordered Apple last week to provide "reasonable technical assistance" to the FBI, including disabling an auto-erase feature after too many unsuccessful attempts are made to unlock the iPhone 5C.

Apple rejected the order, saying it was "too dangerous" to create such a back door.

Apple is battling the US government over accessing locked devices in at least 10 cases around the country, in addition to the iPhone of one of the San Bernardino attackers, court documents show.

The existence of other court disputes lends credence to Apple's argument that the high-profile legal case in California is about more than a single iPhone.

Apple provided a list of cases where it is opposing the US Justice Department's requests in a February 17 letter to a federal judge in Brooklyn, where the company is challenging government efforts to access an iPhone in a drug trafficking case.

The letter said all the requests sought Apple's assistance under the All Writs Act, a 1789 law which allows the courts broad authority to help law enforcement.

"Apple has not agreed to perform any services on the devices to which those requests are directed," Apple's lawyer Marc Zwillinger said in the letter.

The letter said the cases were "similar in nature" but did not provide specifics about the government's requests.

It said the San Bernardino case was "even more burdensome" than the other requests because it would require the company to create new software to help investigators break into the iPhone.

Apple has been locked in a legal and public relations battle with the government in the California case, where the FBI is seeking technical assistance in hacking the iPhone of Syed Farook, a US citizen, who with his Pakistani wife Tashfeen Malik in December gunned down 14 people.

US officials argue the case would not set a legal precedent, but Apple and its supporters claim it could force the company to do the same in other cases and lead to a weakening of security.

In the Brooklyn case, prosecutors responded to the Apple letter with their own filing, claiming that the company's position has been "inconsistent at best."

The letter from US Attorney Robert Capers said that "numerous judges around the nation have found it appropriate, under the All Writs Act, to require Apple to assist in accessing a passcode-locked Apple device where law enforcement agents have obtained a warrant to search that device."

Apple's letter to the Brooklyn judge cited eight additional cases in New York, California, Illinois and Massachusetts where the government was seeking assistance in accessing iPhones or iPads.


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Previous Report
CYBER WARS
Apple's Cook in biggest policy challenge yet, on encryption
Washington (AFP) Feb 18, 2016
Apple chief Tim Cook is taking on the US government on encryption, in the latest and biggest challenge for the CEO who is no stranger to corporate activism. Cook has put himself at the center of debates before now on gay rights, same-sex marriage, climate change and other issues. And he has been one of Silicon Valley's most outspoken advocates for encryption as a means to safeguard perso ... read more


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