Judge orders Apple to unlock San Bernardino gunman’s iPhone

Tech firms encrypt after Snowden

The ruling comes just a week after FBI director James Comey cited the San Bernardino shootings in testimony before Congress about the challenges of smartphone encryption.

Since September 2014, all data on Apple devices has been encrypted by default. Apple is among several technology companies that have introduced encryption in an attempt to restore customer trust after whistleblower Edward Snowden’s revelations about government surveillance operations.

To secure the ruling in the San Bernardino case, the government reportedly used the All Writs Act – an 18th-Century catch-all statute that allows courts to compel a person or company to do something – according to Ars Technica.

Ahmed Ghappour, a law professor at the University of California, told Ars Technica it was unprecedented for the government to use the All Writs Act to compel a technology company to create custom software to break into an encrypted device.

"The ramifications of such a precedent could be tremendous. If the government can compel Apple to provide custom software, why can’t they compel Facebook to customise analytics that predicts the criminality of their user base?”

Setting a civil liberties precedent

The US government has reportedly advised Apple that it intends to continue to invoke the All Writs Act in an attempt to require Apple to assist in bypassing the security of other Apple devices in the government’s possession.

Igor Baikalov, chief scientist at security firm Securonix said: “It's a really sensitive topic, although most of the sensationalism around it comes from the attempts to institute a generic approach to a very diverse set of circumstances.

“The San Bernardino case is a no-brainer but, when one considers a long line of inquiries lined up after that one – claiming similar urgency plus preventive potential, but not having a the benefit of hindsight – the question becomes where to draw the line, and who is the one to draw it,” he said.

Considering technology suppliers are under pressure from customers and law enforcement, Baikalov said it is only fair to leave the determination to them.

“Give them the ability to balance their privacy policies with legal pressure, because the success and often the survival of their business is at stake here, whether they want it or not,” he said.

In the UK, several technology suppliers have raised concerns about the government’s draft Investigatory Powers Bill, and some have indicated that they have contingency plans to leave the UK if the final draft of the bill is not clear that it will not require weakened encryption or back door access.