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Showing posts from March, 2016

Apple Might Be Forced To Reveal & Share iPhone Unlocking Code Widely

Originally posted on March 9, 2016 on Techdirt here.

By Ken Rashbaum and Liberty McAteer


Among the many questions swirling around the challenge to U.S. Magistrate Judge Sheri Pym's Order that Apple create software to bypass the iPhone passcode screen, a matter of paramount public interest may have been overlooked: Even if the government prevails in compelling Apple to bypass these iPhone security features: (A) evidence for use in a criminal trial obtained in this way will be challenged under the Daubert standard (described below) and the evidence may be held to be inadmissible at trial; and (B) the Daubert challenge may require disclosure of Apple's iPhone unlocking software to a number of third parties who would require access to it in order to bring the Daubert challenge and who may not secure the new software adequately. To state that neither consequence would be in the public interest would be an understatement in the extreme.

The Daubert challenge would arise because any pro…