Apple and the government aren’t done doing the encryption tango, it seems, as the Cupertino-based company throws another gauntlet at the Department of Justice.
Earlier in April it was revealed that, despite not needing Apple’s assistance, or having to go through the steps in trying to force Apple to help, in unlocking an iPhone 5c used by one of the shooter’s in the San Bernardino event last year, the Department of Justice was still aiming to force Apple to unlock another iPhone. This particular device has implications in a drug-related case in the state of New York, and, like the San Bernardino iPhone case, Apple has stood its ground when it comes to creating software that would be used explicitly to access iOS.
In a filing revealed on Friday, Apple has said that, in the case of the New York trial, the government has “utterly failed” in proving necessity when it comes to breaking into the iPhone. Moreover, Apple says that the government has not exhausted all of the means available to it when trying to access the phone, either.
“The government has utterly failed to demonstrate that the requested order is necessary to effectuate the search warrant, including that it exhausted all other avenues for recovering the information it seeks,” Apple argued in the new filing to U.S. District Judge Margo Brodie. “Before the government demands that Apple do the work of law enforcement, the government must offer evidence that it has performed an ‘exhaustive search’ and that it remains unable to obtain the data it seeks without Apple’s assistance.”
Apple is also arguing that the Federal Bureau of Investigation has not proven that it’s way of accessing the iPhone 5c used in the San Bernardino case is not a viable option in unlocking the iPhone 5s used in this particular case. Back in March of this year, a federal judge in New York ruled that the government cannot enact the 18th century All Writs Act to force Apple to unlock an iPhone.
That has not stopped the government from trying anyway, and it looks like the DOJ won’t stop anytime soon, either.[via The Wall Street Journal]