Apple demands delay in NY iPhone case: Company wants to test FBI hack in San Bernardino terrorist iPhone case

“Apple last week asked a federal magistrate in New York to extend a court filing deadline until after the government decides whether it can unlock a different iPhone in a similar case, documents revealed,” Gregg Keizer reports for Computerworld.

“Because of the abrupt about-turn in a different case a week ago — the DOJ told a California federal magistrate that it had a lead on another way to crack the iPhone used by the terrorist Syed Rizwan Farook, and might not need Apple’s assistance in that instance — a lawyer for Apple argued that it would be ‘highly inefficient’ to go forward with the New York case,” Keizer reports, “until the government report[s] the results of the new technique on April 5.”

Keizer reports, “Zwillinger asked a New York magistrate to postpone a March 31 filing deadline in the case until after the Federal Bureau of Investigation provides its status report on the alternate approach to gain access to data on Farook’s iPhone.”

Read more in the full article here.

MacDailyNews Take: If the San Bernardino iPhone is hacked, Apple should be told how it was done, so they can close that security hole and safeguard iPhone users’ privacy.

U.S. Feds: New judge must force iPhone unlock, overturning ruling that favored Apple – March 8, 2016
U.S. government appeals Apple win in Brooklyn iPhone encryption battle – March 7, 2016
The FBI’s case against Apple got kneecapped in Brooklyn: The judges rebuke couldn’t have been stronger – March 1, 2016
U.S. Magistrate Judge: The U.S. government cannot force Apple to unlock an iPhone in New York drug case – February 29, 2016
Apple: The law already exists that protects us from U.S. government demands to hack iPhone – February 26, 2016


  1. … and, sure enough, the FBI has just announced that its mystery contractor has successfully cracked the San Bernardino phone. That would seem not only to resolve that case, but also the New York case, since the FBI can no longer assert that there is a manifest necessity for the magistrate to order Apple to crack the phone in order to protect the court’s jurisdiction.

    1. Yes, believe the FBI when they say it has been cracked. Our FBI would never lie to us, never.

      Let’s see if they share the crack and whatever information was found on that phone.

    2. Well, if you read what the FBI has said, they verified that they have a way to access the data without damaging the phone. That could actually mean that they have the workaround they wanted to turn off the 10 guesses and 80 msec guess speed limitation and the only-hand-entered-data limitations.

      IOW: The ‘crack’ may only have gotten the FBI to the point where they are now brute-force guess-hacking the password for the phone. Who knows when they’ll actually succeed getting into it. I highly suspect they’ll never let We The People know, now will they reveal that NOTHING of interest is on the phone, which has consistently been speculated to be the case.

      OR for all we know the whole thing was a charade for the purpose of creating a court precedent, they knew hacking the phone was pointless. They’re not even bothering to hack into it.

      Such is the state of trust between We The People and #MyStupidGovernment. I find this to be deeply sad, depressing, self-destructive, etc. There should never be a deceitful tension between a government and the citizens who created, maintain ($$$) and run it. Never. It’s blatant absurdity propped up by cognitive dissonance and crime. Or so I say IMHO.

      1. At this point I am willing to take the FBI at their word. Not to do so invites yet further paranoia and conspiracy theorising, not a healthy thing in the current political mood of the country. If both sides back off it reduces the inflammation without denying the existence of injury, instead applying the principle of triage to the stack of national issues confronting our current and pending leadership.

        We have to continue to hope that our brilliantly designed political system, with our continued urging, will work in the end. There were darker days in years past, yet here we stand, still holding our liberties. We are strong.

  2. Calling their bluff. We’ll see if they really have a hack or just want out of a losing court case.

    As for “Apple should be told how it was done”, good luck on that. Assuming government lives by a better moral code than other hackers.

    1. The Feds are not legally, ethically, or morally obligated to share with Apple how they hacked iPhone. Tim Cook is pissing his panties with worry, angst, and self doubt.

  3. So will we also discover if the FBI broke the DMCA in the process of hacking the iPhone? If so.. what are the repercussions? I think the EFF needs to take lead on this.

  4. FBI has no reason to share with Apple how iPhone was hacked, especially since Apple’s relationship with FBI was entirely adversarial. For Apple to beg FBI is humiliating and embarrassing. Apple’s crack staff of experts should be ashamed.

    1. since Apple’s relationship with FBI was entirely adversarial

      Total rubbish. You can’t even be bothered to read about the case. You just spewed nonsense for the sake of your own incoherent gratification. AKA 🐂💩

      1. In a nutshell,

        FBI: Apple we need you to make iPhone open to us.
        Apple: FU
        FBI: That’s OK. We found a way to hack iPhone.
        Apple: Please, please. Tell us how you did it.
        FBI: FU.

        1. No. Not that simple at all. But it’s a fun little summary.

          For an good summary, I’m very pleased with Apple’s responses all along to the FBI. There never was an ‘FU’ from Apple. But there were snide, underhanded FUs from the FBIs throughout, then they’d pull a straight face again and say ‘why can’t we all get along’ emotional appeal rubbish.

          My summary: The FBI assaulted the constitutional rights of the citizens that created the FBI, created its mandate and pay its bills. We The People can never accept abuse from our own government. Never.

          If the FBI had won it’s bogus case, the terrorists would have won their battle to damage the USA. I’m extremely pleased to be seeing and reading that fact in the media in the aftermath of this citizen abuse. We The People rule the USA and no one else.

          Next nightmare to conquer:
          TPP – The Trans-Pacific Partnership treaty. It’s raw corporatocracy attempting to lord over the entire human world. No thank you. Again, We The People lord over the USA and no one else.

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