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Feds (Once Again) Gain Access to iPhone Without Apple's Help

This time, they were able to get the passcode from the convicted defendant who owned the iPhone in question.

April 23, 2016
iPhone Se vs iPhone 6s

Stop us if you've heard this one. Federal prosecutors no longer need Apple's assistance in unlocking an iPhone in a Brooklyn drug case, as investigators have found a way to do so themselves. It's the second major case recently where the government has attempted to demand Apple's help but, before a judge granted the government's request, the Justice Department managed to unlock the iPhone in question.

In his letter to U.S. District Judge Margo Brodie, who was overseeing the appeal from the Department of Justice following a March ruling by a lower court that Apple didn't have to unlock the phone on law enforcement's behalf, United States Attorney Robert Capers wrote:

"The government respectfully submits this letter to update the Court and the parties. Yesterday evening, an individual provided the passcode to the iPhone at issue in this case. Late last night, the government used that passcode by hand and gained access to the iPhone. Accordingly, the government no longer needs Apple's assistance to unlock the iPhone, and withdraws its application."

Though the Department of Justice hasn't indicated who coughed up the passcode, sources speaking to The Wall Street Journal said that the drug case's defendant, Jun Feng, who provided investigators with the password. He had previously said he forgot it.

It remains to be seen whether investigators will learn any worthwhile information from the device, or whether the entire case—much like the iPhone belonging to one of the San Bernardino shooters, which has also recently captured headlines—will lead to no new information whatsoever. We're almost willing to suspect the latter, given that Feng would have no real interest in giving up that information freely if there was other incriminating evidence on his device.

That said, Feng has already pled guilty to the charges against him and awaits sentencing. This lingering legal issue over the contents of his device has persisted. However, unlike the San Bernardino iPhone, investigators didn't have to turn to a third party for assistance in cracking into the device—which allegedly cost the government more than one million for the unidentified person's (or company's) services.

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The Justice Department maintains that these cases aren't about setting some kind of precedent that the government can then use to force Apple to unlock any device. These are specific, case-by-case instances where investigators need access to certain devices.

"In this case, an individual provided the department with the passcode to the locked phone at issue in the Eastern District of New York.Because we now have access to the data we sought, we notified the court of this recent development and have withdrawn our request for assistance. This is an ongoing investigation and therefore we are not revealing the identity of the individual," a Department of Justice spokesperson told Ars Technica.

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About David Murphy

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David Murphy got his first real taste of technology journalism when he arrived at PC Magazine as an intern in 2005. A three-month gig turned to six months, six months turned to occasional freelance assignments, and he later rejoined his tech-loving, mostly New York-based friends as one of PCMag.com's news contributors. For more tech tidbits from David Murphy, follow him on Facebook or Twitter (@thedavidmurphy).

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