The FBI has been tying itself in knots with Apple, first by trying to force Apple to break its own encryption, and then acknowledging that the agency was able to access at least two iPhones without Apple’s help.
The Wall Street Journal claims that the FBI has travelled into the zone of farce:
If history repeats itself first as tragedy and then as farce, what does the FBI have in store next for its encryption war with Apple? After withdrawing its demands in San Bernardino and then reopening hostilities with a drug prosecution in Brooklyn, the G-men abruptly dumped the second case over the weekend too. Is anyone in charge at the Justice Department, or are junior prosecutors running the joint?
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Yet while Justice argued in Brooklyn that Apple’s help was essential, it also argued the FBI had no obligation to pursue a non-Apple work-around. The remarkable claim was that prosecutors need not exhaust all possible alternatives before conscripting a private company, such as consulting with other U.S. agencies, hiring an outside digital forensics outfit or even interrogating Feng again.
Such assertions were as false in Brooklyn as in San Bernardino. Two hours and a half before a deadline on Friday night, the government withdrew the case after “an individual provided the passcode to the iPhone,” according to legal filings. This second immaculate conception in as many months further undermines the FBI’s credibility about its technological capabilities. Judges ought to exercise far more scrutiny in future decryption cases even as Mr. Comey continues to pose as helpless.
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Meanwhile, the White House has taken the profile-in-courage stand of refusing to endorse or oppose any encryption bill that Congress may propose. If the Obama team won’t start adjusting to the technological realities of strong and legal encryption, they could at least exercise some adult supervision at Main Justice.
The FBI cannot be trusted to protect privacy and security for our citizens, especially given their keystone cops behavior.
- Feds Drop 2nd iPhone Fight With Apple (newser.com)