Friday, February 19, 2016

Apple, FBI Battle Escalates As Justice Department Demands San Bernadino Terrorist's iPhone Be Unlocked

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By Dustin Volz and Julia Edwards

WASHINGTON/LOS ANGELES, Feb 19 (Reuters) - The U.S. Department of Justice filed a motion seeking to compel Apple Inc to comply with a judge's order for the company to unlock the iPhone belonging to one of the San Bernardino shooters, portraying the tech giant's refusal as a "marketing strategy."

The filing escalated a showdown between the Obama administration and Silicon Valley over security and privacy that ignited earlier this week.

The Federal Bureau of Investigation is seeking the tech giant's help to access the shooter's phone, which is encrypted. The company so far has pushed back, and on Thursday won three extra days to respond to the order.

Apple did not immediately respond to a request for comment.

The motion to compel Apple to comply did not carry specific penalties for the company, and the Justice Department declined to comment on what recourse it was willing to seek. In the order, prosecutors acknowledged that the filing "is not legally necessary."

But the Justice Department said the motion was in response to Apple CEO Tim Cook's public statement Wednesday, which included a refusal to "hack our own users and undermine decades of security advancements that protect our customers."

The confrontation has pitted privacy advocates, who do not want to give any ground to government efforts to undermine encryption, and law enforcement officials who say people's lives may be at stake unless the shooter's iPhone is unlocked.

A federal court hearing in California has been scheduled for March 22 in the case, according to Thom Mrozek, a spokesman for the U.S. Attorney's Office for the Central District of California.

"Rather than assist the effort to fully investigate a deadly terrorist attack ... Apple has responded by publicly repudiating that order," prosecutors wrote in the Friday order.

"Apple's current refusal to comply with the court's order, despite the technical feasibility of doing so, instead appears to be based on its concern for its business model and public brand marketing strategy," prosecutors said. (Reporting by Julia Edwards, Dustin Volz and Lisa Richwine; Additional reporting by David Ingram; Editing by Andrew Hay and Bill Rigby)

  • Seth Wenig/AP Photo

    From the outside, this Apple Store, located in Manhattan's GM Plaza, looks like a giant glass cube. Inside, a spiral staircase takes customers to an underground store. It opened in 2006.
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    This location opened in 2004 in an Edwardian Period building that once housed the Thomas Cook Travel Agency. The bright lights inside the store offer a warm contrast to the dreary, grey English weather outside. In 2015, the store temporarily closed to undergo renovations that would let in more natural light from outside.
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    The Apple Store inside Grand Central opened in 2011. It is situated on the terminal's east and northeast balconies, which overlook the bustling main concourse of the station.

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    This store, which opened in 2010, features the now-iconic glass cylindrical structure for which Apple won a patent in 2013. The cylinder houses a glass spiral staircase leading down to the retail floor and is meant to create an "ethereal feeling." 
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    Hong Kong's first Apple Store opened its doors in 2011. The space connects two wings of the International Financial Center shopping mall and features a glass spiral staircase. There's even an area designed specially for kids.
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    When it opened in 2009, this was France's first Apple Store. Sitting in an underground shopping mall beneath the historic Louvre Museum, its entrance faces the iconic Inverted Pyramid skylight. 

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    A renovated, century-old theater building houses this store, which opened its doors in 2013. It features a classical Greek revival façade with Ionic columns and tall windows. As an homage to the building's history, the top floors sport red-carpeted stairs, chandeliers and a theater for concerts.
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    This store opened in 2012 in Sanlitun, a popular outdoor shopping mall designed to be an urban open space that employs a variety of shapes and textures. The Apple Store has a glass façade that spans three sides of the building, and the company's logo is projected on a block that sits astride the store and another building in the mall. 
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    This Apple Store opened in 2012. The surrounding area is an outdoor food and night market that has been around for over 800 years. The store boasts Asia's first three-story glass spiral staircase and has two 360-degree Genius Bars, according to The Next Web.
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    Located in a 1920s beaux-arts building that used to be a bank, this Apple Store opened in 2015. It features an old bank vault that's been remodeled into an Apple Watch Edition fitting room, where VIP shoppers can try on the gold device. Apple also restored the outside of the building to look like it did in the '20s.

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