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Apple says FBI has not 'exhausted' options to access data on New York iPhone

No proof that the agency still needs Apple's help, the company says.

Composite image by Re/code

In a new filing entered today by Apple in its legal dispute with the FBI over a locked iPhone in New York, the company says the agency “has made no showing that it has exhausted alternative means for extracting data from the iPhone at issue here.” The company points to the San Bernardino case, where “the government ultimately abandoned its request after claiming that a third party could bypass [security] features without Apple’s assistance.”

The fact that the FBI has not demonstrated that it “attempted the method that worked on the iPhone running iOS 9, consulted the third party that assisted with that phone, or consulted other third parties” should be enough to dismiss a new court submission from the FBI, Apple argues, as the agency still hasn’t proven that it needs the company’s assistance to access data on the phone.

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