Apple Fights Government Demand to Unlock iPhone in New York Drug Case

Following the U.S. Department of Justice's decision to dismiss its lawsuit against Apple after it managed to access the iPhone 5c of San Bernardino shooter Syed Farook, the agency announced its intention to continue on with a similar New York lawsuit where it is attempting to get Apple's help to breach an iPhone 5s used in a drug case.

In a filing this afternoon, Apple again refused to help the DOJ gain access to the device in question and asked the judge to dismiss the lawsuit, claiming the government has not proven that it has exhausted all other means of getting the data. There are specific references made to the San Bernardino case, where the FBI did manage to find another way into the iPhone without involving Apple. Via The Wall Street Journal:

"The government has utterly failed to demonstrate that the requested order is necessary to effectuate the search warrant, including that it exhausted all other avenues for recovering the information it seeks,'' Apple argued in the new filing to U.S. District Judge Margo Brodie. "Before the government demands that Apple do the work of law enforcement, the government must offer evidence that it has performed an 'exhaustive search' and that it remains unable to obtain the data it seeks without Apple's assistance.''

According to Apple, the FBI has not adequately demonstrated that the method it used to gain access to the iPhone 5c used by Syed Farook does not work on the Brooklyn iPhone 5s. Apple also argues the FBI has not proven it has consulted with the third party that helped with the San Bernardino iPhone or other third parties that could provide assistance.

iPhone 5s
In late February, U.S. Magistrate Judge James Orenstein ruled the FBI lacked the legal authority to force Apple to breach the New York iPhone, but the U.S. Justice Department filed a formal appeal in early March in an effort to turn over the ruling, which is what Apple is responding to with today's filing.

In the New York case, which dates back to October 2015, the FBI is aiming to access data on an iPhone 5s belonging to Brooklyn drug dealer Jun Feng. While the FBI employed the help of "professional hackers" to access the iPhone 5c in the California case, FBI Director James Comey has said the method used to gain entry to that device does not work on the iPhone 5s or later.

The iPhone 5s in question is running an earlier version of iOS (iOS 7) that Apple does have the means to access, but Apple is refusing to do so after taking a stronger stance on encryption and customer privacy. While Apple can obtain data from that particular iPhone 5s, it does not have the means to do so on devices running iOS 8 or iOS 9 due to a change in its encryption methods.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

Tim Cook WWDC 2018

Report: Tim Cook to Step Down as Apple CEO 'as Soon as Next Year'

Saturday November 15, 2025 2:40 pm PST by
Apple is preparing for Tim Cook to step down as CEO of the company "as soon as next year," according to the Financial Times. The company's board of directors and senior executives "recently intensified preparations for Cook to hand over the reins," the report said. While the report said that Apple is unlikely to name a new CEO before its next earnings report in late January, it went on to ...
iOS 26

Everything New in iOS 26.2 Beta 3

Monday November 17, 2025 3:20 pm PST by
Apple provided developers with the third beta of an upcoming iOS 26.2 update, and there are still new features that are being added with each beta that we get. We've rounded up all of the changes that Apple made in beta 3. AirDrop Apple added new AirDrop functionality, providing a way for two people to share files temporarily without having to add one another as contacts. iOS 26.2...
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2, AirPods Pro 3, and AirPods 4

Thursday November 13, 2025 11:35 am PST by
Apple today released new firmware designed for the AirPods Pro 3, the AirPods 4, and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B25, while the AirPods Pro 2 and AirPods 4 firmware is 8B21, all up from the prior 8A358 firmware released in October. There's no word on what's include in the updated firmware, but the AirPods Pro 2, AirPods 4 with ANC, and AirPods Pro 3...
best early black friday deals

Best Black Friday Apple Deals Live Now - Save on AirPods, iPads, and Apple Watches

Saturday November 15, 2025 1:45 pm PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
Apple Wallet ID Illinois

iPhone Driver's License Feature Launching in Illinois

Tuesday November 18, 2025 8:47 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Starting this Wednesday, November 19, the feature will be available to residents of Illinois. The announcement confirmed that the...
applecare apple care banner

Apple Brings New AppleCare+ Options to India

Tuesday November 18, 2025 8:42 am PST by
Apple today announced an expansion of AppleCare+ coverage in India, with new options for monthly and annual plans, and the addition of Theft and Loss for iPhone for the first time. Options for monthly and annual AppleCare+ plans in India provide more choice and flexibility, allowing users to keep coverage for as long as they require. Apple's vice president of Worldwide iPhone Product...
iPhone Pocket Short

iPhone Pocket Now Available to Order, But Already Selling Out

Friday November 14, 2025 6:20 am PST by
Apple recently teamed up with Japanese fashion brand ISSEY MIYAKE to create the iPhone Pocket, a limited-edition knitted accessory designed to carry an iPhone. iPhone Pocket is available to order on Apple's online store starting today, in the United States, France, China, Italy, Japan, Singapore, South Korea, and the United Kingdom. However, it is already completely sold out in the United...
apple silicon mac lineup 2024 feature purple m5

Apple's 2026 Mac Plans

Friday November 14, 2025 3:23 pm PST by
Most of Apple's Macs are slated to get M5 chips across 2026, and there's a possibility we'll even see the first M6 chips toward the end of the year. Updates are planned for everything from the MacBook Air to the Mac Studio. MacBook Air (Early 2026) The MacBook Air will be one of the first Macs to get a 2026 refresh, with an update planned for the first few months of the year. The MacBook...
CarPlay Liquid Glass Dark

Here's When Tesla is Expected to Add Support for Apple CarPlay

Sunday November 16, 2025 6:49 am PST by
In his Power On newsletter today, Bloomberg's Mark Gurman reiterated that Tesla plans to add Apple CarPlay support to its vehicles "in the coming months." This is easily the biggest news for the regular version of CarPlay in years, should Tesla actually follow through with offering the system in its vehicles. As noted by Gurman, this would be a stunning reversal for Tesla and its CEO Elon ...
tvOS 26 Profiles

tvOS 26.2 Adds a Useful New Feature to Your Apple TV

Friday November 14, 2025 10:02 am PST by
Starting with the upcoming tvOS 26.2 update, currently in beta, additional profiles created on the Apple TV no longer require their own Apple Account. In the Settings app on the Apple TV, under Profiles and Accounts, anyone can create a new profile by simply entering a name and indicating whether the profile is for a kid. The profile will be associated with the primary user's Apple Account,...

Top Rated Comments

zorinlynx Avatar
125 months ago
That's it, folks. The government is going to keep trying and trying and trying until they get their way and set a precedent, or manage to ram laws through and ruin the security of our devices forever.

They've made it clear they want to do this. I just hope we can hold things off for as long as possible.
Score: 10 Votes (Like | Disagree)
nt5672 Avatar
125 months ago
Be glad you've got our government and not one of the others.
And if we don't get pissed and up in arms with the stuff our government does do, then we will turn into the other 2-bit dictatorships.
Score: 7 Votes (Like | Disagree)
Benjamin Frost Avatar
125 months ago
Apple should not need to defend themselves full stop.

It is wrong for any government to break into a phone with Apple's help. I regard any attempt by the US government to do so as criminal and hold them to account. Anyone found guilty of attempting to break into a phone on behalf of the government should be stripped of their duties and imprisoned. They will have a criminal record for the rest of their life.
Score: 7 Votes (Like | Disagree)
KALLT Avatar
125 months ago

According to Apple, the FBI has not adequately demonstrated that the method it used to gain access to the iPhone 5c used by Syed Farook does not work on the Brooklyn iPhone 5s.
Are they trying to get the FBI to disclose the method? :)
Score: 6 Votes (Like | Disagree)
5105973 Avatar
125 months ago
Apple should not need to defend themselves full stop.

It is wrong for any government to break into a phone with Apple's help. I regard any attempt by the US government to do so as criminal and hold them to account. Anyone found guilty of attempting to break into a phone on behalf of the government should be stripped of their duties and imprisoned. They will have a criminal record for the rest of their life.
Seriously. It's almost like the government expects Apple to allocate a whole department of resources just to help law enforcement, to sort of be their personal locksmith. But will they compensate Apple? No. They're just strong arming them.
Score: 5 Votes (Like | Disagree)
Rocketman Avatar
125 months ago
Seriously. It's almost like the government expects Apple to allocate a whole department of resources just to help law enforcement, to sort of be their personal locksmith. But will they compensate Apple? No. They're just strong arming them.
FEDGOV has arbitrary and capricious rulemaking authority with very limited judicial overview. Research my words.

Rocketman
[doublepost=1460770441][/doublepost]The standard of conduct in law is you cannot conscript a person, natural or corporate, to do your bidding even if you pay them a fee, but espicially if you do not. Citizen rights are presumed not bestowed or granted by FEDGOV!!
Score: 4 Votes (Like | Disagree)