The Department of Justice wants Apple to unlock an iPhone for someone they are prosecuting, but Apple has been refusing to do so — prompting the DOJ to attempt to force them to comply.
While Apple says it can bypass the password security on the phone, it has so far declined to do so, so the DOJ is arguing that Apple licenses the software on the phone and therefore the company has a relationship with the phone that is currently considered evidence, according to an Engadget report.
The DOJ is arguing that Apple can’t reap the legal benefits of licensing the software and then disclaim ownership to assist law enforcement, even going so far as suggesting that Apple not providing access thwarts the efforts of law enforcement. Essentially, DOJ is arguing that it’s Apple’s software and not the defendant’s.
Apple, meanwhile, argues that this command to comply with the court order would violate the trust between Apple and customers, and hurt the brand.
Apple CEO Tim Cook has argued fervently in the past for a fundamental right to privacy, and that the government shouldn’t have a backdoor to Apple-owned servers.
If the DOJ were to be successful, it would open up pretty much any electronic advice to be made available to law enforcement, since virtually all technology has software that is licensed to the end user rather than sold.