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KPBS Midday Edition

Apple Opposes Judge's Order To Help FBI Unlock San Bernardino Shooter's Phone

Tashfeen Malik (left) and Syed Farook died in a gunbattle with police after the couple attacked a gathering of Farook's colleagues, killing 14.
AP
Tashfeen Malik (left) and Syed Farook died in a gunbattle with police after the couple attacked a gathering of Farook's colleagues, killing 14.
Apple Opposes Judge's Order To Help FBI Unlock San Bernardino Shooter's Phone
Apple Opposes Judge's Order To Help FBI Unlock San Bernardino Shooter's Phone GUEST: Darin Anderson, member, California Cybersecurity Task Force

This is KPBS Midday Edition. I'm Maureen Cavanaugh. The judge has ordered the Apple Corporation to create a backdoor of the encrypted iPhone used by Farouk in the mass murder in San Bernardino. Investigators cannot unlock the iPhone without releasing the data they want to see. Apple is resisting the ruling think it brings up a dangerous threat to privacy right. Joining the is Darin Anderson, member, California Cybersecurity Task Force. What exactly happens on iPhones when you try to often to unlock a security code? The phone goes into an encrypted mode that allows you not to get into the phone after typically 10 tries. Why is that part of the iPhone security to begin with? We historically had a lot of Chan lynches -- challenges keeping these iPhones safe. A lot of people had in by getting the username and password to hack the data. So this is to limit access to someone who might still your iPhone? Yes. Particularly someone who has no right to access. The judge wants Apple to create software to disable the security. That assumes Apple does not already have that software to disable the security. You believe that is true? Tim Cook at Apple claims, and it has been widely reported starting with iPhone version 8 there was an encrypted scenario set up to prevent third-party access to the phone. So while I think Apple could have the opportunity to get into the phone it shows not to do that and there is a stake in the stand to say we want to protect the privacy of our users. Apple has been very forthright and cutting edge in terms of setting up more complex security methods. Android is known to be less secure and that is their competitor. So would say most things support based historically has been hacked. The iPhone so far has been able to withstand the spring force attacks. So that this was an android phone the investigators could probably get the information they are looking for? Yes. The android phones typically have more vulnerabilities because they work in an open-source platform. The iPhone is a proprietary operating system that is locked to the hardware of the phone. Some people think Apple can already break the security and have software or even. There are those that believe the government already has the capacity to break the iPhone security but they are using in particular this case to establish a legal precedent for iPhone investigations. Does that sound like a likely scenario to you? This battle between Apple and the FBI represents a battle between two alive who are staking out ground. I think there is a bigger strategic thing in play. I think the FBI does the this as an opportunity to go with the threat in the country which is emotional to all of us and that opens up this bigger privacy versus security issue. Apple has only been ordered by this judge to create a unique unlocking software for this suspect pot -- suspect's iPhone. I think that is a week distinction. It is like creating a master key for many, many phones. I believe that the phone in question is an Apple five see -- 5 C. What you think is at stake here for everyday iPhone users? I think it is privacy for all versus security for a few. I am not purely an advocate for privacy because I think security is important. Privacy is great if I have the security to get to the privacy. If you don't have security, you don't have to privacy. So I think what is at stake is what is at dialogue is our country in terms of collaborating with one another. The FBI is seen as a one-weight Street party and not being looked at as a collaborator with industry. It looks like this legal battle will continue. We will continue that dialogue leak. Darin Anderson, member, California Cybersecurity Task Force Thank you very much. Thank you have a good afternoon.

In a first-of-its-kind ruling, a U.S. magistrate has ordered Apple to assist the government in unlocking the iPhone of San Bernardino shooter Syed Rizwan Farook. The FBI is seeking information that may be on Farook's employer-issued phone as it investigates the Dec. 2 shootings that left 14 people dead.

At the time of the attack, Farook and his wife, Tashfeen Malik, destroyed two personally owned cellphones and removed a hard drive from their computer.

In what Apple described as a "customer letter" posted on its website late Tuesday, CEO Tim Cook said Apple will contest the judge's order.

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"Opposing this order is not something we take lightly. We feel we must speak up in the face of what we see as an overreach by the U.S. government."We are challenging the FBI's demands with the deepest respect for American democracy and a love of our country. We believe it would be in the best interest of everyone to step back and consider the implications.

"While we believe the FBI's intentions are good, it would be wrong for the government to force us to build a backdoor into our products. And ultimately, we fear that this demand would undermine the very freedoms and liberty our government is meant to protect."
NPR's Laura Sydell reports:
"Apple says helping the FBI will be like providing a universal key that will permit law enforcement to break into anyone's iPhone. Apple and other tech companies say it would also create a vulnerability that hackers from China, Iran or elsewhere can exploit."

Last week, FBI Director James Comey told members of Congress that investigators had been unable to access Farook's phone.

"It is a big problem for law enforcement armed with a search warrant when you find a device that can't be opened even when a judge says there's probable cause to open it," Comey said.

In a prior case, Apple told a federal judge that it was "impossible" for the company to unlock devices running an operating system of iOS 8 or higher. In arguing this latest case, prosecutors said Apple could still disable security barriers in the phone's coding. Farook's phone runs iOS 9 and is configured to erase data after 10 unsuccessful password attempts.

Forensics expert Jonathan Zdziarski said Apple might have to write custom code to comply with the court order. He also said that even without Apple's cooperation, federal investigators should be able to hack the phone with the assistance of the NSA and the CIA.

Copyright 2016 NPR. To see more, visit http://www.npr.org/.