![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/original/001/084/241/491.jpg "page 7 of the Department of Justice's court order")
page 7 of the Department of Justice's court order
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![LERK, U.S. DISTRICT COURT FEB I 6 2016 CENTRAL DISTRICT OF CALIFA 1 EILEEN M. DECKER 2 PATRICIA A. DONAHUE 3 Chief, National Security Division 4 Assistant United States Attorney 5ALLEN W. CHIU (California Bar No. 240516) 6 Terrorism and Export Crimes Section 7 8 United States Attorney Assistant United States Attorney TRACY L. WILKISON (Calif rnia Bar No. 184948) Chief, Cyber and Intellectual Property Crimes Section Assistant United States Attorney 1500 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone (213) 894-0622/2435 o Facsimile: 213) 894-8601 Tracy.Wilkison@usdoj.gov Allen. Chiu@usdoj.gov ㄧㄩ Attarneys for Applicant UNITED SATES OF AMERICA 12 13 14 IN THE MATTER OF THE SEARCH OF 15 THE EXECUTION oF A SEARCH 16 17 35KGD203 18 19 20 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA No. ED 15-0451M APPLE IPHONE SEIZED DURING RROPeSED] ORDER COMPELLING APPLE INC. TO ASSIST AGENTS IN SEARCH ARRANT ON A BLACK LEXUS IS300, CALIFORNIA LICENSE PLATE This matter is before the Court pursuant to an application pursuant to the All Writs Act, 28 U.S.C. S 1651, by Assistant United 21 States Attorneys Tracy Wilkison and Allen chiu, requesting an order directing Apple Inc. ("Apple") to assist law enforcement agents in 23 enabling the search of a digital device seized in the course of a 24 previously issued search warrant in this matter 25 26 For good cause shown, IT IS HEREBY ORDERED that: 1 Apple shall assist in enabling the search of a cellular 27 telephone, Apple make: iPhone 5C, Model: A1532, P/N:MGFG2LL/A, 28 S/N:FFMNQ3MTG2DJ, IMEI:358820052301412, on the verizon Network, (the](https://i.kym-cdn.com/photos/images/newsfeed/001/081/707/41a.jpg "Order Compelling Apple Inc. to Assist Agent in Search (Page #1)")
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The FBI vs. Apple - page 7 of the Department of Justice's court order
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![LERK, U.S. DISTRICT COURT FEB I 6 2016 CENTRAL DISTRICT OF CALIFA 1 EILEEN M. DECKER 2 PATRICIA A. DONAHUE 3 Chief, National Security Division 4 Assistant United States Attorney 5ALLEN W. CHIU (California Bar No. 240516) 6 Terrorism and Export Crimes Section 7 8 United States Attorney Assistant United States Attorney TRACY L. WILKISON (Calif rnia Bar No. 184948) Chief, Cyber and Intellectual Property Crimes Section Assistant United States Attorney 1500 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone (213) 894-0622/2435 o Facsimile: 213) 894-8601 Tracy.Wilkison@usdoj.gov Allen. Chiu@usdoj.gov ㄧㄩ Attarneys for Applicant UNITED SATES OF AMERICA 12 13 14 IN THE MATTER OF THE SEARCH OF 15 THE EXECUTION oF A SEARCH 16 17 35KGD203 18 19 20 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA No. ED 15-0451M APPLE IPHONE SEIZED DURING RROPeSED] ORDER COMPELLING APPLE INC. TO ASSIST AGENTS IN SEARCH ARRANT ON A BLACK LEXUS IS300, CALIFORNIA LICENSE PLATE This matter is before the Court pursuant to an application pursuant to the All Writs Act, 28 U.S.C. S 1651, by Assistant United 21 States Attorneys Tracy Wilkison and Allen chiu, requesting an order directing Apple Inc. ("Apple") to assist law enforcement agents in 23 enabling the search of a digital device seized in the course of a 24 previously issued search warrant in this matter 25 26 For good cause shown, IT IS HEREBY ORDERED that: 1 Apple shall assist in enabling the search of a cellular 27 telephone, Apple make: iPhone 5C, Model: A1532, P/N:MGFG2LL/A, 28 S/N:FFMNQ3MTG2DJ, IMEI:358820052301412, on the verizon Network, (the](https://i.kym-cdn.com/photos/images/list/001/081/707/41a.jpg "Order Compelling Apple Inc. to Assist Agent in Search (Page #1)")
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