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9 February 2016Reputable source · 2 sourcesDebated

Apple refuses to unlock the San Bernardino iPhone

The FBI asks Apple to write software that would weaken every iPhone's encryption; Apple says no

On the timeline · around 9 February 2016 · Social, Mobile, and the CloudSocial, Mobile, and the CloudApple refuses to unlock the San Bernardino iPhone200620082010201220142016

Quick facts

Phone
iPhone 5C belonging to a San Bernardino attacker
FBI request
9 February 2016
Apple's position
Refused, citing precedent risk to all users' encryption
Resolution
FBI paid a third party over $1.3 million to unlock the phone independently

What happened

After the December 2015 San Bernardino terrorist attack, the FBI recovered an iPhone 5C that had belonged to one of the shooters, but could not access its data because of the encryption built into iOS. On 9 February 2016, the FBI announced it wanted Apple's help, and a court order followed asking Apple to build custom software that would let investigators bypass the phone's passcode limits and try unlimited password guesses. Apple CEO Tim Cook publicly refused, arguing that creating such a tool at all, even for one phone, would create a permanent capability that could be turned against any iPhone user's encryption in the future. The FBI dropped its legal demand after paying a third-party contractor more than $1.3 million to break into the phone without Apple's help.

Why it matters

The case became the highest-profile public argument over whether government agencies should be able to compel a technology company to weaken its own encryption for law enforcement access, a debate that intensified after Edward Snowden's 2013 disclosures of NSA mass surveillance programs and remains unresolved in law today.

How we know

NPR's ongoing coverage series on the dispute documents the FBI's February 2016 request, Apple's public refusal, and the eventual withdrawal of the case after the FBI paid an outside vendor to unlock the phone independently.

Sources

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