Sep 18 2014
Apple said Wednesday night that it is making it impossible for the company to turn over data from most iPhones or iPads to police — even when they have a search warrant.
"Unlike our competitors, Apple cannot bypass your passcode and therefore cannot access this data," Apple said on its Web site. "So it's not technically feasible for us to respond to government warrants for the extraction of this data from devices in their possession running iOS 8."
As the new operating system becomes widely deployed over the next several weeks, the number of iPhones and iPads that Apple is capable of breaking into for police will steadily dwindle to the point where only devices several years old — and incapable of running iOS 8 — can be unlocked by Apple.
Apple will still have the ability — and the legal responsibility — to turn over user data stored elsewhere, such as in its iCloud service, which typically includes backups of photos, videos, e-mail communications, music collections and more. Users who want to prevent all forms of police access to their information will have to adjust settings in a way that blocks data from flowing to iCloud.
The move is the latest in a series in which Apple has sought to distinguish itself from competitors through more rigorous security.
Ronald T. Hosko, the former head of the FBI's criminal investigative division, called the move by Apple "problematic," saying it will contribute to the steady decrease of law enforcement's ability to collect key evidence — to solve crimes and prevent them.
The agency long has publicly worried about the “going dark” problem, in which the rising use of encryption across a range of services has undermined government’s ability to conduct surveillance, even when it is legally authorized.
“Our ability to act on data that does exist ... is critical to our success,” Hosko said. He suggested that it would take a major event, such as a terrorist attack, to cause the pendulum to swing back toward giving authorities access to a broad range of digital information.