In a new twist, the FBI has cancelled a hearing in its long running court case, indicating that it now could be able to access an iPhone without Apple.
In the FBI’s quest to unlock the San Bernardino shooter’s iPhone, the FBI has requested a motion to cancel a Tuesday hearing on whether the courts could force Apple to help authorities unlock an iPhone; leading to new speculation that the FBI could be able to access an iPhone without Apple.
The FBI’s request to cancel the hearing, which was approved by US Magistrate Sheri Pym, has been approved. Previously, Pym was the same judge who ordered Apple to help unlock the encrypted iPhone.
Read: Apple engineers will quit rather than comply with the FBI
The case won’t be closed, however, until the FBI confirms that whatever method that’s been developed to unlock an iPhone will work.
“Testing is required to determine whether it is a viable method that will not compromise data on (the San Bernardino shooter’s) iPhone… If the method is viable, it should eliminate the need for the assistance from Apple Inc. set forth in the All Writs Act Order in this case.” lawyers for the Justice Department wrote.
“We remain cautiously optimistic… If this solution works, it will allow us to search the phone and continue our investigation into the terrorist attack that killed 14 people and wounded 22 people.” Justice Department spokeswoman Melanie Newman said in a statement.
Thus far, the Justice Department has declined to comment on whether a third party is providing help. At Apple’s March Event which took place on Monday, Apple CEO Tim Cook stated his intention to continue standing against government efforts to force Apple to unlock the iPhone.
Read: Tim Cook blasts FBI request for iPhone access
In the meanwhile, a group of US senators has begun circulating a draft bill that would give federal judges the ability to order companies such as Apple to help law enforcement bodies retrieve encrypted data.
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Follow Bryan Smith on Twitter: @bryansmithSA
