Apple has told the U.S. government that it almost certainly won`t be able to pull encrypted data from a locked iPhone, even if it`s asked to do so. The company issued a brief to U.S. Magistrate James Orenstein, at his request, while he deliberates a Justice Department order that would require Apple`s assistance in accessing an iPhone in its possession.
It`s not a case of Apple being deliberately unhelpful. Apple says the task “would be impossible to perform,” due to the new security and privacy features embedded in iOS 8 and iOS 9. The brief states these measures “prevent anyone without the device`s passcode from accessing the device`s encrypted data. This includes Apple.” The lawyers who penned the brief make it very clear it`s concerned that if forced to break into the iPhone, there`s a risk of its brand being damaged, and customers losing trust.
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The encryption standards introduced in iOS 8 and continued in iOS 9 mean Apple can`t access 90-percent of iPhone models in the world, a figure it says covers all the phones running the most recent versions of the mobile OS. That leaves 10-percent still operating on iOS 7 or earlier, which coincidentally, includes the phone in the Justice Department`s possession.
This is where we get to the heart of the problem, and the reason for all the noise. Apple is again shouting about its inability to bust into iOS 8 and iOS 9 devices, because it may end up having to assist the Justice Department in this situation; simply because it can. It has told Orenstein to consider the “broader legal issues at hand,” before making a decision, and he has deferred until October 22, telling Apple that it needs to show any order would be “unduly burdensome,” if he`s to come down on its side.
It`s also a clear message to anyone using an iPhone — upgrade to the latest OS if you want Apple on your side, something the company has been essentially saying since the introduction of iOS 8, when its law-enforcement-baiting, hard line approach to data privacy began in earnest.10 awesome iOS 9 apps that make the most of Apple`s new iPhone 6S
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