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FOR THE

CENTRAL

DISTRICT

OF CALIFORNIA

IN

THE

MATTER

OF

THE

SEARCH

OF

No.

ED

15

- 0451M

APPLE

!PHONE

SEIZED

DURING

SEARCH

[PROPQSEf)]

ORDER

COMPELLING

APPLE,

A

BLACK

LEXUS

IS300,

INC.

TO

ASSIST

AGENTS

IN

SEARCH

CALIFORNIA LICENSE

PLATE

35KGD203

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19

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23

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28

flLElJ

ClERK

U

.S.

DISiRICT

COURT

EILEEN

M.

DECKER

United

States

Attorney

PATRICIA

A.

DONAHUE

liB I 6

20!6

J

Assistant

United

States

Attorney

Chief,

National

Security

Division

CENTRAL

DI

STRICT

Of

CALIF

,\

TRACY

L.

WILKISON

(California

Bar

No.

184948)

V

Assistant

United

States

Attorney

Chief,

Cyber

and

Intellectual

Property

Crimes

Section

ALLEN

W.

CHIU

(California

Bar

No.

240516)

Assistant

United

States

Attorney

Terrorism

and

Export

Crimes

Section

1500

United

States

Courthouse

312

North

Spring

Street

Los

Angeles,

California

90012

Telephqne:

(213)

894-0622/2435

0

~c:simjJle:

{213)

894-8601

0

E@~l:

I

Tracy.

Wilkison@usdoj.gov

::_

~i

i

Allen.

Chiu@usdoj.gov

Atturn.e~s

~

for

Applicant

UN

t'rED'=

~TBS

OF AMERICA

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UNITED STATES

DISTRICT

COURT

This

matter

is

before

the

Court

pursuant

to

an

application

pursuant

to

the

All

Writs

Act,

28

U.S.C.

§

1651,

by

Assistant

United

States

Attorneys

Tracy

Wilkison

and

Allen

Chiu,

requesting

an

order

directing

Apple

Inc.

("Apple"}

to

assist

law

enforcement

agents

in

enabling

the

search

of

a

digital

device

seized

in

the

course

of

a

previously

issued

search

warrant

in

this

matter.

For

good

cause

shown,

IT

IS

HEREBY

ORDERED

that:

1.

Apple

shall

assist

in

enabling

the

search

of

a

cellular

telephone,

Apple

make:

iPhone

SC,

Model:

Al532,

P/N:MGFG2LL/A,

S/N:FFMNQ3MTG2DJ,

IMEI:358820052301412,

on

the

Verizon

Network,

(the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

J

f'

J

,

"SUBJECT DEVICE")

pursuant

to

a

warrant

of

this

Court

by

providing

reasonable

technical

assistance

to

assist

law

enforcement

agents

in

obtaining

access

to

the

data

on

the

SUBJECT DEVICE.

2.

Apple's

reasonable

technical

assistance

shall

accomplish

the

following

three

important

functions:

(1)

it

will

bypass

or

disable

the

auto-erase

function

whether

or

not

it

has

been

enabled;

(2)

it

will

enable

the

FBI

to

submit

passcodes

to

the

SUBJECT DEVICE

for

testing

electronically

via

the

physical

device

port,

Bluetooth,

Wi-Fi,

or

other

protocol

available

on

the

SUBJECT DEVICE;

and

(3)

it

will

ensure

that

when

the

FBI

submits

passcodes

to

the

SUBJECT

DEVICE,

software

running

on

the

device

will

not

purposefully

introduce

any

additional

delay

between

passcode

attempts

beyond

what

is

incurred

by

Apple

hardware.

3.

Apple's

reasonable

technical

assistance

may

include,

but

is

not

limited

to:

providing

the

FBI

with

a

signed

iPhone

Software

file,

recovery

bundle,

or

other

Software

Image

File

("SIF")

that

can

be

loaded

onto

the

SUBJECT DEVICE.

The

SIF

will

load

and

run

from

Random

Access

Memory ("RAM")

and

will

not

modify

the

iOS

on

the

actual

phone,

the

user

data

partition

or

system

partition

on

the

device's

flash

memory.

The

SIF

will

be

coded

by

Apple

with

a

unique

identifier

of

the

phone

so

that

the

SIF

would

only

load

and

execute

on

the

SUBJECT DEVICE.

The

SIF

will

be

loaded

via

Device

Firmware

Upgrade

("DFU")

mode,

recovery

mode,

or

other

applicable

mode

available

to

the

FBI.

Once

active

on

the

SUBJECT DEVICE,

the

SIF

will

accomplish

the

three

functions

specified

in

paragraph

2.

The

SIF

will

be

loaded

on

the

SUBJECT DEVICE

at

either

a

government

facility,

or

alternatively,

at

an

Apple

facility;

if

the

latter,

Apple

shall

provide

the

government

with

remote

access

to

the

SUBJECT

2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

•

'

~

DEVICE

through

a

computer

allowing

the

government

to

conduct

passcode

recovery

analysis.

4.

If

Apple

determines

that

it

can

achieve

the

three

functions

stated

above

in

paragraph

2,

as

well

as

the

functionality

set

forth

in

paragraph

3,

using

an

alternate

technological

means

from

that

recommended

by

the

government,

and

the

government

concurs,

Apple

may

comply

with

this

Order

in

that

way.

5.

Apple

shall

advise

the

government

of

the

reasonable

cost

of

providing

this

service.

6.

Although

Apple

shall

make

reasonable

efforts

to

maintain

the

integrity

of

data

on

the

SUBJECT DEVICE,

Apple

shall

not

be

required

to

maintain

copies

of

any

user

data

as

a

result

of

the

assistance

ordered

herein.

All

evidence

preservation

shall

remain

the

responsibility

of

law

enforcement

agents.

7.

To

the

extent

that

Apple

believes

that

compliance

with

this

Order

would

be

unreasonably

burdensome,

it

may

make

an

application

to

this

Court

for

relief

within

five

business

days

of

receipt

of

the

Order.

SHERI

PYM

DATED:

FEB

1 6

2016

UNITED STATES MAGISTRATE JUDGE

3