Skip to main content

FBI sued for keeping details about San Bernardino iPhone exploit secret

A judge has determined that the FBI can keep its secrets

The Apple vs. FBI case may finally be over. Last September, a group of news organizations filed a freedom of information lawsuit against the FBI, aiming to compel the bureau to hand over the information of how it was able to hack the iPhone 5C used in the San Bernardino case, as well as who hacked it. The group included the likes of The Associated Press, Vice Media, and Gannett, which is the parent company of USA Today. And now, more than 12 months later, a judge has finally ruled in that case in favor of the FBI.

“The FBI’s purchase of the technology — and its subsequent verification that it had successfully obtained the data that it was seeking thanks to that technology — confirmed that a serious undisclosed security vulnerability existed in one of the most popular consumer products in the world,” the initial filing said. But late in the evening of September 30, 2017, federal judge Tanya Chutkan ruled that identifying the vendor the FBI used would effectively place a bounty of said vendor’s head, and could eventually result in the technology being compromised.

Recommended Videos

According to the FBI, the vendor’s networks are “not as sophisticated” as that of the federal agency’s, which might leave the company vulnerable to cyberattack.

“It is logical and plausible that the vendor may be less capable than the FBI of protecting its proprietary information in the face of a cyber-attack,” said the court. “The FBI’s conclusion that releasing the name of the vendor to the general public could put the vendor’s systems, and thereby crucial information about the technology, at risk of incursion is a reasonable one.”

The case was certainly an interesting one. After the San Bernardino shooting, the FBI demanding that Apple create a custom software to hack into the iPhone itself. Apple declined, saying that doing so would set a bad precedent for future cases. The FBI then took matters into its own hands and dropped the case against Apple.

The news organizations involved in the suit claimed that it’s important that Apple is told how the hack was accomplished so that it can fix the flaw and prevent millions of iPhone owners from being vulnerable to hacks themselves. Not only that, but the group also claimed that the situation brings up questions about the allocation of public funds as well as governmental oversight issues. Finally, the suit suggested there’s no legal basis for the FBI to hold on to the information.

It’s been a long and tumultuous road for Apple and the FBI, but for now, it looks like this chapter is closed.

Update: A judge has ruled that the FBI can keep its secret around how it hacked the San Bernardino terrorist’s iPhone. 

Christian de Looper
Christian de Looper is a long-time freelance writer who has covered every facet of the consumer tech and electric vehicle…
A new render teases the iPhone 17 Pro Max’s big redesign, and I’m torn
Leaked render of iPhone 17 Pro Max front glass and rear camera bar module.

With the iPhone 16 line, Apple made some big changes with the base models, while the iPhone 16 Pro versions looked identical to those from the past several years. But Apple appears to be making some very significant changes to the design of the iPhone 17 Pro Max — especially if these mock-up renders from a Russian YouTube channel, Wylsacom, are accurate.

The YouTube video shows that the iPhone 17 Pro Max will look nothing like its predecessors, according to the rumors that this mock-up is based on.

Read more
Apple hopes foldable and thinner iPhones will boost sales
A render of the iPhone Air.

Apple's iPhone sales have declined in recent years, primarily because the company has focused more on software updates than hardware improvements. However, Apple hopes this trend will change next year, as it plans to introduce new handsets with significant design upgrades.

There has been considerable discussion recently about the upcoming "iPhone 17 Air," which is anticipated to be the thinnest iPhone ever made. It is expected to be released in September alongside the rest of the iPhone 17 lineup.

Read more
Some iPhone users report overheating when using Apple Intelligence
The Nomad Magnetic Leather Back on the iPhone 16 Pro Max

After a long wait, iOS 18.2 has finally rolled out to the public at large and unlocked more Apple Intelligence features like Image Playground, Genmoji, and an upgraded Mail app. It might have also introduced a way to keep your hands warm on these frosty winter days, according to some users.

Reddit user u/dsdxp posted on the iPhone subreddit that they had unlocked a secret feature in the iPhone 16 Pro. The comment was obviously sardonic, but many other users responded with their own stories of troubling temperatures from their iPhones. The common element between all of the stories was the Image Playground app and the excessive heat it creates while in use.

Read more