The FBI recently found an Israeli firm which offered to unlock the controversial, San Bernardino shooter’s iPhone for it. Following the offer, FBI requested the Courts to postpone the date of hearing between it an Apple, request which was granted. Well, now Apple has requested the same, in another similar case.
Just so we don’t confuse you, Apple and the FBI have their horns locked over several, slightly different cases. In each of these cases, the FBI wants it to unlock an iPhone — which has been found on a criminal’s person — while the Cupertino giant says nothing doing.
So FBI has acquired the courts permission form a postponement in the San Bernardino case. And now Apple wants the same in the NewYork case, where a iPhone 5 S was taken from a person indicted on charges of meth trafficking.
Apple, asking for a delay in this case is very interesting. After all, the company is doing tolerably well in the courts – better than FBI certainly. In fact, only last month Judge James Orensteinlaid literally walked over the Government’s invocation of an antiquated, All Writs Act for fixing Apple to unlock its iPhone.
In the interim, both the Court and the parties lack sufficient information to determine the most appropriate way for this matter to proceed. Going forward without such information would be highly inefficient.
Further adding that,
Apple respectfully requests that the Court stay the current March 31, 2016 due date for Apple’s response to the DOJ’s application until after the DOJ files its status report in the San Bernardino Matter on April 5, 2016.
Apple further requests that the parties be required to submit a status report (either jointly or with each side presenting its own position on how to proceed) no later than April 11, 2016.
It seems like Cellebrite’s offer has surprised the Cupertino company, and it now wants to know exactly what the Israeli forensic experts are capable of, before making a move. For all we know, FBI may manage to get the device unlocked without any help from Apple. However, assuming that it doesn’t, it will probably have to come back and face the ever bold-faced Apple in the courts.
Meanwhile, its probably safe to assume that Cellebrite’s attempts will take some time. And with the NY case going into hibernation too, the Cupertino giant will have a temporary respite from both the constant public scrutiny and FBI’s unwanted attentions, this case has been generating.