A hearing set for Tuesday was postponed in the case pitting the Department of Justice against Apple Inc.
Four months after the San Bernardino shootings, investigators are still trying to get into one of the suspect’s iPhones. They do not know the password to the phone, and because of the phone’s security settings, if they enter a wrong number sequence multiple times, all data on the phone could be erased.
Investigators believe the phone could hold plans from ISIS and communication between the group and the suspect. Former FBI special agent Jeff Lanza said getting into the phone is a vital part of the investigation.
“If someone has committed a terrorist act and has killed people, it's important that the information is available to law enforcement,” he explained.
The Justice Department has pursued the effort in court and gotten a court order requiring Apple to weaken iPhone security so police can access the data. However, Apple is fighting back in the case. Company leaders say by overriding the security on the phone, hackers and foreign countries could exploit the system.
Olathe attorney David Langston said Apple also has business ties to consider in the case. “The security of the iPhone is one of the selling features,” Langston explained. “They feel like they shouldn't be betraying the confidence of their customers."
If the Department of Justice were to win the case and Apple was forced to override the security system, Langston said it could set a precedent and impact cases in the metro area.
“Once it becomes the law of the land, it would be used in Olathe, Kansas City or anywhere in the United States where law enforcement says we need to get into a phone," he explained.
Langston also said the Tuesday attacks in Belgium could end up impacting the case. “Because of what happened in Brussels, I think the need to protect ourselves will ultimately outweigh our need to be private,” explained Langston.
Earlier this week, the Department of Justice postponed the Tuesday hearing, saying it had a third party that claimed to be able to crack the password.
Justice officials said they plan to file a status report on their efforts by April 5.
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Tom Dempsey can be reached at tom.dempsey@kshb.com.
