Cyber Monday Sale! 50% Off All Access

Apple Is Refusing to Unlock an iPhone 5S for U.S. Law Enforcement The company says that complying with the request will 'threaten the trust between Apple and its customers and substantially tarnish the brand.'

By Sam Shead

This story originally appeared on Business Insider

Law enforcement agencies in the US have hit back at Apple for not unlocking an iPhone that could help them solve a criminal investigation they're working on.

The US Justice Department wants Apple to bypass the lock screen on an iPhone in compliance with a search warrant but Apple is refusing to comply.

The case, being held at the District Court's Eastern District of New York, involves an iPhone 5s, according to the Electronic Frontier Foundation.

Technically, Apple has the ability to access data on the iPhone 5s because it is running the company's iOS 7 operating system, which lacks the encryption features that have been built into subsequent versions of Apple's mobile software.

However, Apple is refusing to unlock the phone for the Justice Department on the grounds that it will "threaten the trust between Apple and its customers and substantially tarnish the brand."

Apple wrote in its court filings: "Apple respectfully requests that the court deny the government's application for an order requiring Apple to perform extraction services on the Apple-manufactured device in the government's custody,"

The US Justice Department argues that Apple customers have no rights under the end user license agreement (EULA) – except to use the software in ways approved by Apple.

The government department filed its response to Apple's brief last Thursday, arguing that the All Writs Act, used by law enforcement agencies to get legal access to smartphones, gives the court sufficient authority to compel Apple to unlock the phone.

"Apple has such a close connection to the devices it sells that it can be compelled to step in and take control of the device," the US Justice Department wrote.

Apple has been increasing the level of encryption in its mobile software amid heightened privacy concerns following leaks by former National Security Agency contractor Edward Snowden about NSA surveillance programs.

Apple told courts last week that its ability to bypass lock screens for iPhones running iOS 8 or iOS 9 was limited because it had strengthened encryption methods. Those devices come with a feature that makes it impossible for anyone without the passcode to access its data, including Apple.

This rise of strong encryption techniques has frustrated law enforcement, who fear it means that evidence risks "going dark."

Sam Shead

Tech Reporter

Sam Shead is a technology reporter for Business Insider UK. He writes about startups, venture capital, the sharing economy, Silicon Valley giants in Europe, and the general intersection between technology, business and politics.

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Business News

Elon Musk Still Isn't Getting His Historically High Pay as CEO of Tesla — Here's Why

A second shareholder vote wasn't enough to convince Delaware judge Kathaleen McCormick.

Leadership

Leadership vs. Management: How to Understand the Difference and 6 Ways to Bridge the Gap

Here are the key differences between leadership and management, highlighting their complementary roles and providing six strategies to develop managers into future leaders.

Legal

How Do You Stop Porch Pirates From Stealing Christmas? These Top Tips Will Help Secure Your Deliveries.

Over 100 million packages were stolen last year. Here are top tips to make sure your stuff doesn't get swiped.

Growing a Business

Her Restaurant Business Is Worth $100 Million — Here's Her Unconventional Advice for Aspiring Entrepreneurs

Pinky Cole, founder of Slutty Vegan, talks about going from TV producer to restaurant owner, leaning into failure and the value of good PR.

Business News

'Something Previously Impossible': New AI Makes 3D Worlds Out of a Single Image

The new technology allows viewers to explore two-dimensional images in 3D.

Business News

'I Stand By My Decisions': A CEO Is Going Viral For Firing Almost All of the Company's Employees — Here's Why

The Musicians Club CEO Baldvin Oddsson fired 99 workers at once over Slack for missing a morning meeting. But there's a catch.