Last week I noted that the FBI claimed that they were only interested in this one iPhone, and the claim that that they had no intention of using this case as a precedent was clearly not true. This was because they were already using the same request to get into a number of other iPhones.
Yesterday a Federal judge in the New York Eastern District ruled against the FBI in a similar case. The judge ruled that the Government’s expansive use of the ‘All Writs’ Act (passed in the eighteenth century) did not include the ability to force Apple to write new software to break the ‘nine strikes and you’re out’ feature of older iPhones — the feature that prevents multiple tries at guessing passwords.
It’s almost certain that this case will eventually end up before the Supreme Court, as it places the reliable security of our mobile devices in conflict with the government’s desire to search them. The FBI claims that they will be really, really careful with these tools, but the mere fact that they exist means that they will leak. Here’s a somewhat radical comment on that likelihood.
Tim Cook and the FBI will testify before Congress this afternoon.