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DOJ Wants Court to Force Apple to Unlock Shooter's Phone

 & Angela Moscaritolo Managing Editor, Consumer Electronics

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Apple's encryption fight with the FBI is heating up.

The U.S. Department of Justice on Friday filed a motion to force the Cupertino tech giant to comply with a court order to help the FBI break into an iPhone owned by one of the San Bernardino shooters, according to CNBC.

The DOJ said it shares Apple's concern that information needs to be protected, and insists the FBI's order does not compromise that goal. The FBI is not looking for a backdoor or hack to all of Apple's encryption software but assistance in the execution of a search warrant for Farook's device only, the agency argued.

Further, the DOJ said Apple's concern for its business reputation is not a good enough reason for the company to refuse to comply with the FBI's order.

"This Court should not entertain an argument that fulfilling basic civic responsibilities of any American citizen or company — complying with a lawful court order — could be obviated because that company prefers to market itself as providing privacy protections that make it infeasible to comply with court-issued warrants," the DOJ said.

The motion comes after Apple was given three extra days — or until Feb. 26 — to submit its response to the court. Apple, meanwhile, has already said it will not give the FBI backdoor access.

"The government is asking Apple to hack our own users and undermine decades of security advancements that protect our customers—including tens of millions of American citizens—from sophisticated hackers and cybercriminals," Apple CEO Tim Cook wrote in a public letter published to Apple's website. "The same engineers who built strong encryption into the iPhone to protect our users would, ironically, be ordered to weaken those protections and make our users less safe."

The battle started on Tuesday, when Los Angeles District Court Judge Sheri Pym ruled that Cupertino "shall assist in enabling the search" of an iPhone 5c owned by Syed Rizwan Farook.

The tech titan must provide "reasonable technical assistance," like disabling the auto-erase function that kicks in after 10 failed password attempts. The hope is that the FBI can use "brute force" to crack the code, trying millions of combinations without fear of deleting crucial information. Pym's controversial order does not explicitly ask Apple to break the phone's encryption, but rather to develop and install a new mobile operating system to allow the government access to Farook's data.

Apple says that's a slippery slope and suggests that a backdoor created for the FBI could very easily land in the hands of those with nefarious intent.

Tech giants like Google, Twitter, Facebook, and Apple co-founder Steve Wozniak have all come forth to support Apple in its fight with the FBI.

This article originally appeared on PCMag.com.

About Our Expert

Angela Moscaritolo

Angela Moscaritolo

Managing Editor, Consumer Electronics

My Experience

I'm PCMag's managing editor for consumer electronics, overseeing an experienced team of analysts covering smart home, home entertainment, wearables, fitness and health tech, and various other product categories. I have been with PCMag for more than 10 years, and in that time have written more than 6,000 articles and reviews for the site. I previously served as an analyst focused on smart home and wearable devices, and before that I was a reporter covering consumer tech news. I'm also a yoga instructor, and have been actively teaching group and private classes for nearly a decade. 

Prior to joining PCMag, I was a reporter for SC Magazine, focusing on hackers and computer security. I earned a BS in journalism from West Virginia University, and started my career writing for newspapers in New Jersey, Pennsylvania, and West Virginia.

The Technology I Use

My little Florida beach bungalow is brimming with smart home tech. I have a smart speaker or display in every room, allowing me to control other connected devices by voice. The Nest Hub on my bedside table lets me set wake-up alarms, control my smart light bulbs, and set the temperature on my smart thermostat. I use the Amazon Echo Show 8 on my kitchen counter to browse recipes, reorder protein powder, check the weather, and watch the news while I do dishes. 

Because I suffer from allergies, air purifiers are essential. My favorite model is the Dyson Purifier Cool TP07, which doubles as a fan and continuously sends indoor pollution data to its companion mobile app. 

My pitbull Bradley sheds, so a good robot vacuum is a must. I currently use a premium Ecovacs Deebot that can both vacuum and mop, empty its own dustbin, and wash its own mop cloth. 

For fitness, I like to mix up my routine with cycling, indoor rowing, running, and strength training in addition to yoga. I take classes on the Tonal 2 smart strength training machine, I row indoors on an Aviron machine, and track my beach runs with an Apple Watch while listening to music on my Apple AirPods Pro. On the weekends, I love riding e-bikes like the rugged, beach-friendly Aventon Aventure for fun and fitness.

My job involves a lot of virtual meetings, so a quality webcam, microphone, and ring light are important. I use the Jabra PanaCast 20 webcam, the Elgato Wave: 3 microphone, and a Yesker tripod ring light. 

As for my preferred phone platform, I'm an iPhone person, but I've also extensively used Android for product testing.

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