The Justice Department is asking for Apple’s assistance in accessing the contents of at least nine iPhones, according to court documents unsealed on Tuesday, and possibly more. Officials have obtained court orders demanding Apple’s assistance in five states.
“There has not been any final disposition [in the cases] to Apple’s knowledge, and Apple has not agreed to perform any services on the devices to which those requests are directed,” Apple Attorney Marc Zwillinger said in a letter to the court, which was dated Feb. 17.
Justice has already asked Apple to help access a device used by perpetrators of the December terrorist attack in San Bernardino, Calif., and the requests to break into other iPhones are unrelated to that event. But Apple has said complying could set a precedent that requires the company to assist in every case.
The company has said it would comply with any court orders imposed on the company, albeit while appealing to the fullest extent possible.
But in a reply dated Monday, U.S. attorneys suggested that was not the case. “In most of the cases, rather than challenge the orders in court, Apple simply deferred complying with them, without seeking appropriate judicial relief,” they wrote. They complained that Apple was treating the San Bernardino situation differently “in light of the public attention” on the case.
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A federal judge last week ordered Apple to assist the Federal Bureau of Investigation in breaking into an iPhone 5C used in the December attack. The company has assisted law enforcement in more than 70 similar cases since the iPhone’s 2007 release, but argues that to do so now would mean being required to assist law enforcement agencies around the country going forward.
States in which outstanding court orders demand Apple’s assistance include California, Illinois, Massachusetts, New York and Ohio.
