The DOJ came out on top here, whether they are lying or not.
The DOJ came out on top here, whether they are lying or not.
The most likely reason for dropping the case would have had nothing to do about precedent and everything to do with the fact that they couldn't proceed without lying to the court. The entire basis for the case was that the government had no other choice but to compel Apple to build "GovOS." The moment they became aware of the existence of an alternative method, they had a duty to update their brief and inform the court. And at that point, with the entire basis for their case effectively gone, they were pretty much out of options.
From the FBI's perspective, that was rather unfortunate. They probably figured this was the perfect case to pursue to try and gain the sort of precedent they wanted (an instance of Islamic terrorism on American soil? It checks all of the boxes for manipulating the public into supporting the FBI). Most likely, they never expected Apple to fight back for fear of the PR consequences of impeding a terror investigation. Minor miscalculation, that.
It was setting them up for a precedent-setting legal decision in a higher court that may very well have not gone the government's way.
>they couldn't proceed without lying to the court
You're assuming that this mysterious third party that showed up the day before the initial hearing with a method to crack the phone actually exists, and that this method was successful. That is certainly a possibility, but it is also possible that they never intended to see this through and hoped that they could intimidate Apple into doing exactly what they wanted.
I think the "mysterious third party" absolutely exists. I just think that the plan all along was to compel apple to do this, and then fall back on this if Apple pushed.
“Our decision to conclude the litigation was based solely on the fact that, with the recent assistance of a third party, we are now able to unlock that iPhone without compromising any information on the phone,” Eileen Decker, the U.S. attorney in Los Angeles, said in a statement.
at least curious. Googling "no data was compromised" gives me only links that use that in the meaning "third parties did not get access to the data".
So, if that really is what Eileen Decker said, what exactly did she mean?
Unless one of their real goals was to get the conversation going about creating new laws that would make uncrackable products illegal, without actually testing the limits of existing laws. Because that is what they achieved.
> This particular phone is immaterial, and Apple can always talk big later about how they patched any of the security holes that the government used, to recover face.
That is a nuanced understanding of this issue that most consumers simply do not and will not have. Most will hear nothing other than "the feds can now crack iPhones" and will assume that government will be able to beat any future improvements too.
I suppose, but the conversation definitely wasn't moving in their direction. More like they beat a hasty retreat.
> Most will hear nothing other than "the feds can now crack iPhones"
I assume that most people already believe that they can crack iPhones. And it's not like they came out of this process looking good; they created a huge media circus about how they needed Apple to unlock the phone, beating their chests, only to come back with "uh... well, I guess we didn't need to do any of this at all".
There seems to be much more to this beyond the actual capabilty and it doesn't seem the spin 'apple fighting for our rights' which mainstream media loves is the most likely, so I wpuldn't say FBI hasn't accomplished its goal - especially if it was to cast doubt on Apple security, as they're now basically advertised they can do it no matter what. Unless FBI agreed to previous apple request and they did it togheter under cover.
And? What makes you think most consumers will care that the government cracked an iPhone?