Apple formally asked to release Texas shooter’s iCloud data
1https://arstechnica.com/tech-policy/2017/11/apple-formally-asked-to-release-texas-shooters-icloud-data/
Texas judge also signs off on search of shooter’s iPhone SE, LG dumbphone.
FBI can’t break the encryption on Texas shooter’s smartphone
Texas authorities have recently gotten formal permission from a state judge to search the deceased Sutherland Springs shooter’s seized iPhone SE and LG candybar-style phone. In addition, the Texas Rangers have also submitted a formal request to Apple in order to access Devin Patrick Kelley’s iCloud data.
On November 7, Kelley shot and killed 26 people and wounded 20 others when he opened fire during a service at a church approximately 35 miles southeast of San Antonio.
According to court documents published for the first time by the San Antonio Express-News on Monday, Texas Rangers got a warrant approved to search the two devices on November 9. The newspaper also reported that four e-mail accounts are known to be associated with Kelley: thelifeofdevin@gmail.com, devinkelley1991@gmail.com, sevenup555@yahoo.com, and kelleydevin1991@gmail.com.
The day before the warrant was issued, the FBI said publicly that it was unable to access the seized iPhone SE. This case is unfolding roughly 18 months since the so-called “FBI vs. Apple” showdown in Southern California, when Apple staunchly refused to create new custom-made firmware at the government’s behest. Eventually, the FBI reportedly paid an undisclosed company over $1 million to crack the San Bernardino shooter’s iPhone.
According to the new warrant, Kelley’s iPhone SE remains in FBI custody in Virginia.
The 15-page warrant application seeking his iCloud data from Apple asks for data starting January 1, 2016 through November 9, 2017. The document contains lengthy boilerplate language, likely provided by Apple itself, seeking all kinds of data that might be stored on Kelley’s account.
Apple expands data encryption under iOS 8, making handover to cops moot
Apple did not respond to Ars’ request for comment on Monday as to whether it would comply with or oppose the signed warrant.
Since iOS 8, Apple has drawn a distinction between data held in iCloud (which the company does have access to) and data held locally on an iOS device, which it does not.
Riana Pfefferkorn, a legal fellow at Stanford Law School, told Ars that there didn’t seem to be a good reason why Apple would resist the warrant. After all, Apple’s own law enforcement guidelines say that it may handover data in response to a warrant.
“I will note that the existence of this search warrant for iCloud doesn’t rule out the possibility that law enforcement has also filed another, sealed application (in state or federal court) seeking to compel Apple to unlock the phone,” she e-mailed. “But they may be proceeding with caution given how the San Bernardino case backfired, and waiting to see what the iCloud warrant yields before they take more aggressive steps regarding the device.”