Justice Department Calls Apple's Privacy Case Stance a 'Marketing Strategy'

The United States Justice Department today asked a federal judge to compel Apple to comply with the court's original order that would force the company to help the FBI hack into the iPhone of San Bernardino shooter Syed Farook. In the filing, shared by The New York Times, the DOJ calls Apple's refusal to help "a marketing strategy" that "appears to be based on its concern for its business model."

iphone5c
The DOJ bases this assertion on Apple's past cooperation, when it provided data from devices that ran earlier versions of iOS when ordered to do so via search warrant. Prior to iOS 8, Apple had the tools to extract data from locked iOS devices. With the release of iOS 8, Apple stopped storing encryption keys for devices, making it impossible for the company to access data on devices running iOS 8 or later.

Based on Apple's recent public statement and other statements by Apple, Apple's current refusal to comply with the Court's Order, despite the technical feasibility of doing so, instead appears to be based on its concern for its business model and public brand marketing strategy.

The government has demanded Apple create a tool that would allow the FBI to more easily hack into Farook's iPhone 5c through brute forcing the passcode, something that's quite different than the orders that Apple has complied with on pre-iOS 7 devices. Apple has been asked to develop a new version of iOS software that would do the following:

- Eliminate the auto-erase function that wipes an iPhone if the wrong passcode is entered 10 times.
- Eliminate the delay that locks the FBI out of the iPhone if the wrong passcode is entered too many times in a row.
- Implement a method that would allow the FBI to electronically enter a passcode using software.

Apple has publicly stated its intention to oppose the order, saying it sets a "dangerous precedent," a statement echoed by several technology companies that have come out in support of Apple. Apple believes that fulfilling the "chilling" request will lead to similar unlocking requests in the future or a general demand to weaken encryption on electronic devices.

Following an extension granted yesterday, Apple still has several days to formulate an official response to the court's demands. Apple is expected to argue that the order goes beyond the powers granted to the government by the All Writs Act, a key law that's being used in the case.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

Apple Wallet ID Illinois

Apple Plans to Expand iPhone Driver's Licenses to These 7 U.S. States

Wednesday December 24, 2025 8:40 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Apple Wallet app on the iPhone and Apple Watch, and then use it to display proof of identity or age at select airports and businesses, and in select apps. The feature is currently available in 13 U.S. states and Puerto Rico, and it is expected to launch in at least seven more in the future. To set up the...
iPhone Top Left Hole Punch Face ID Feature Purple

iPhone 18 Pro Launching Next Year With These 12 New Features

Tuesday December 23, 2025 8:36 am PST by
While the iPhone 18 Pro and iPhone 18 Pro Max are not expected to launch for another nine months, there are already plenty of rumors about the devices. Below, we have recapped 12 features rumored for the iPhone 18 Pro models. The same overall design is expected, with 6.3-inch and 6.9-inch display sizes, and a "plateau" housing three rear cameras Under-screen Face ID Front camera in...
maxresdefault

Where's the New Apple TV?

Monday December 22, 2025 11:30 am PST by
Apple hasn't updated the Apple TV 4K since 2022, and 2025 was supposed to be the year that we got a refresh. There were rumors suggesting Apple would release the new Apple TV before the end of 2025, but it looks like that's not going to happen now. Subscribe to the MacRumors YouTube channel for more videos. Bloomberg's Mark Gurman said several times across 2024 and 2025 that Apple would...
maxresdefault

10 Mac Apps Worth Trying in 2026

Wednesday December 24, 2025 9:27 am PST by
2026 is almost upon us, and a new year is a good time to try out some new apps. We've rounded up 10 excellent Mac apps that are worth checking out. Subscribe to the MacRumors YouTube channel for more videos. Alt-Tab (Free) - Alt-Tab brings a Windows-style alt + tab thumbnail preview option to the Mac. You can see a full window preview of open apps and app windows. One Thing (Free) -...
iOS 26

iOS 26.2 Adds These 8 New Features to Your iPhone

Monday December 22, 2025 8:47 am PST by
Earlier this month, Apple released iOS 26.2, following more than a month of beta testing. It is a big update, with many new features and changes for iPhones. iOS 26.2 adds a Liquid Glass slider for the Lock Screen's clock, offline lyrics in Apple Music, and more. Below, we have highlighted a total of eight new features. Liquid Glass Slider on Lock Screen A new slider in the Lock...
airpods color prototypes

Apple Tested AirPods in Bright Colors

Saturday December 27, 2025 6:06 am PST by
Apple reportedly tested a version of the first-generation AirPods with bright, iPhone 5c-like colored charging cases. The images, shared by the Apple leaker and prototype collector known as "Kosutami," claim to show first-generation AirPods prototypes with pink and yellow exterior casings. The interior of the charging case and the earbuds themselves remain white. They seem close to some...
iPhone Fold Vertical Feature

Why Apple's Foldable iPhone May Be Smaller Than Expected

Tuesday December 23, 2025 5:21 am PST by
Apple's first foldable iPhone, rumored for release next year, may turn out to be smaller than most people imagine, if a recent report is anything to go by. According to The Information, the outer display on the book-style device will measure just 5.3 inches – that's smaller than the 5.4-inch screen on the ‌iPhone‌ mini, a line Apple discontinued in 2022 due to poor sales. The report has led ...
Foldable iPhone 2023 Feature Iridescent Search

Samsung Developing 'Wide Fold' With iPhone Fold-Like Design Ahead of Apple's 2026 Launch

Tuesday December 23, 2025 11:55 am PST by
Samsung is working on a new foldable smartphone that's wider and shorter than the models that it's released before, according to Korean news site ETNews. The "Wide Fold" will compete with Apple's iPhone Fold that's set to launch in September 2026. Samsung's existing Galaxy Z Fold7 display is 6.5 inches when closed, and 8 inches when open, with a 21:9 aspect ratio when folded and a 20:18...
iPhone SE Cosmopolitan Clean

Apple Discontinued These 25 Products This Year

Wednesday December 24, 2025 7:24 am PST by
With the end of 2025 near, the time has come to look back at the devices and accessories that Apple discontinued throughout the year. Most of the products that were discontinued this year were simply replaced by a new model with an updated chip. However, the iPhone SE line was entirely discontinued when the iPhone 16e launched, and the iPhone Plus line is being phased out. Below, we have...

Top Rated Comments

simon48 Avatar
129 months ago
"a marketing strategy" as in not betraying their customers' privacy.
Score: 38 Votes (Like | Disagree)
Amazing Iceman Avatar
129 months ago
They may call it all they want, but that doesn't change the fact that Apple is protecting all their users' privacy.

If there's a way to open that iPhone without creating a way for hacking the iPhone that could be misused by others, Apple may consider it. For now, it's too dangerous.
Score: 28 Votes (Like | Disagree)
garirry Avatar
129 months ago
Call it however you want, US governement, but Apple won't budge an inch.

They're acting like children, not receiving what they wanted and then insulting Apple out of anger.
Score: 27 Votes (Like | Disagree)
mjs402 Avatar
129 months ago
Trump has said to boycott all Apple products. I really hate this guy..
Score: 20 Votes (Like | Disagree)
ILikeAllOS Avatar
129 months ago
A marketing strategy even though Apple has consistently emphasized the security of iOS for years?
Score: 19 Votes (Like | Disagree)
Soni Sanjay Avatar
129 months ago
Of course it is... Still, it is the right thing to do.
Score: 15 Votes (Like | Disagree)