Politics & Government

Gannett, AP and Vice News Sue for Information on How FBI Hacked San Bernardino Gunman's iPhone

The Freedom of Information lawsuit was filed Sept. 16 in the United States District Court for the District of Columbia.

News organizations Gannett, The Associated Press and Vice News have filed a Freedom of Information lawsuit for information on how the FBI was able to hack into the iPhone of San Bernardino shooter Syed Rizwan Farook.

The FBI became embroiled with Apple in a key debate over user privacy earlier this year when it sought the tech giant's assistance in unlocking the iPhone of Farook, who went on a shooting spree along with his wife, Tashfeen Malik, in San Bernardino, California, last year, killing 14 people. Apple CEO Tim Cook rebuffed the order of a federal judge in Riverside ordering the company to help in unlocking the phone.

Cook later wrote an open letter, saying that while the company does not have any sympathy for terrorists, it does not have the software the government is demanding, and creating a software that could get around the encryption on iPhone would be too dangerous. In late March, federal officials withdrew their request when they were able to unlock the iPhone with the assistance of a "third party," though they did not disclose the identity of the third party.

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After the judge dropped the order, Apple released a statement saying, the case "should have never been brought."

"This case raised issues which deserve a national conversation about our civil liberties, and our collective security and privacy," the company said in the statement. "Apple remains committed to participating in that discussion."

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The "method" for circumventing the iPhone's security wall was not disclosed. However, reports circulated that several overseas firms, including Israel's Cellebrite, have touted possession of forensic hacking technologies that could siphon data from the mobile device without damaging it.

In the lawsuit, the news organizations seek to compel the FBI to provide record of the publicly acknowledged business transaction that resulted in the purchase of the so-called iPhone access tool. More specifically, the news organizations are seeking information on whom the government purchased the tool from and how much it cost.

The lawsuit states the public interest in receiving the information is significant, because it allowed the government access to Farook's phone, providing new information on the attack.

"At the same time, the tool sparked tremendous nationwide debate about the proper balance between national security and privacy in personal communications, and the degree to which law enforcement should be empowered to compel access to encrypted and protected devices," the lawsuit states.

The suit also charges that the FBI has effectively sanctioned the third-party vendor to retain the potentially dangerous technology without any public assurance about what the vendor represents, whether it has adequate security measures, whether it is a proper recipient of government funds or whether it will act only in the public interest.

The FBI previously denied the requests under the Freedom of Information Act, saying it would imperil its enforcement efforts.

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This report will be updated.

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