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Order Compelling Apple Inc. to Assist Agent in Search (Page #2)
Uploaded by Brad Feb 18, 2016 at 02:41PM EST
Origin Entry: The FBI vs. Apple
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The FBI vs. Apple - Order Compelling Apple Inc. to Assist Agent in Search (Page #2)
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![Case 5:16-cm-00010-SP Document 1 Filed 02/19/16 Page 7 of 35 Page ID#17 1 Apple left the government with no option other than to apply to 2 |this Court for the Order issued on February 16, 2016. The Order 3 requires Apple to assist the FBI with respect to this single iPhone 4 used by Farook by providing the FBI with the opportunity to determine 5 the passcode. The Order does not, as Apple's public statement 6 alleges, require Apple to create or provide a "back door" to every 7 iPhone; it does not provide "hackers and criminals" access to 8iPhones; it does not require Apple to "hack [its] own users" or to 9"decrypt" its own phones; it does not give the government "the power 10 to reach into anyone's device" without a warrant or court 11 authorization; and it does not compromise the security of personal 12 information. See Exhibit 1. To the contrary, the order allows Apple 13 to retain custody of its software at all times, and it gives Apple 14 flexibility in the manner in which it provides assistance. In fact 15 the software never has to come into the government's custody 16 17 number of orders issued pursuant to the All Writs Act to facilitate 18 the execution of search warrants on Apple devices running earlier 19 versions of iOS 20 warrant is therefore not unprecedented; Apple itself has recognized 21 it for years. Based on Apple's recent public statement and other 22statements by Apple, Apple's current refusal to comply with the 23Court's order, despite the technical feasibility of doing so, instead 2 4 25 |will provide assistance with unlocking devices running ioS versions 26 ||order. See "Extracting Data from Passcode Locked iOS Devices,"Apple 27available at http://www.apple.com/privacy/docs/legal-process 28now objects to providing such assistance In the past, Apple has consistently complied with a significant 1 The use of the All Writs Act to facilitate a Apple' s Legal Process Guidelines continue to state that Apple earlier than 8.0, and advises as to what language to include in the Legal Process Guidelines § 111(1) (updated September 29, 2015) guidelines-us.pdf. However, Apple has informed another court that it 2](https://i.kym-cdn.com/photos/images/list/001/084/241/491.jpg "page 7 of the Department of Justice's court order")
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Uploaded Feb 18, 2016 at 02:41PM EST
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Brad
Digital Archaeologist & Treasurer & Pundit & Gallery Housekeeper
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