On December 3, 2015, U.S. District Court for the Central District of California (Magistrate Judge David T. Bristow) authorized a search and seizure warrant of an iPhone owned by one of the San Bernardino shooters who killed 14 people in California in 2015. However, despite the search warrant, the Federal Bureau of Investigation (“FBI”) was unable to access the iPhone. The encrypted iPhone was protected by a passcode that had security protocols that erased the phone’s data after ten tries.

On February 16, 2016, U.S. Attorney’s Office in Los Angeles asked the district court to order Apple to assist the FBI in the investigation of the iPhone pursuant to the All Writs Act, 28 U.S.C. § 1651. That same day, Magistrate Judge Sheri Pym ordered Apple to assist the Federal Bureau of Investigation (“FBI”) with accessing the iPhone owned by one of the San Bernardino shooters. The order required Apple to remove the auto-erase function and the limit on the number of passwords one can enter on the iPhone. The order also indicated that Apple could be asked to write custom software to access the iPhone. See 2016 WL 618401

This case received enormous public attention as Apple formally opposed the district court’s order. In order to manage litigation, the district court decided to split this issue to its own case and reassigned the case 5:15-MJ-00451 to a new docket number 5:16-CM-00010.

On February 19, 2016, the government filed a motion to compel Apple to comply with the court’s February 16 order to access the iPhone. On February 25, 2016, Apple filed a motion to vacate the order and opposition to government’s motion to compel assistance. Apple countered that government’s request for a code to access the iPhone would create a backdoor to all such devices that would be exploitable by other entities. Technology companies such as Facebook, Twitter, Yahoo, Google, Microsoft and others filed amicus briefs supporting Apple’s position in March 2016.

On March 21, 2016, the government asked the court to delay the scheduled hearing, claiming that an “outside party” might be able to unlock the iPhone without Apple’s help.

On March 28, 2016, the government notified the court that it had successfully accessed data stored on the iPhone and no longer required the assistance from Apple. The government officially withdrew its legal action against Apple.

On March 29, 2016, Judge Pym vacated the February 16 order compelling Apple to assist agents in search. This case is closed. See this Order.

Susie Choi - 04/07/2017


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