Families of San Bernardino shooting sue Facebook, Google, Twitter

FILE PHOTO: Weapons confiscated from the attack in San Bernardino, California are shown in this San Bernardino County Sheriff Department handout photo from their Twitter account released to Reuters December 3, 2015. REUTERS/San Bernardino County Sheriffs Department/Handout/File Photo

By Dan Whitcomb

LOS ANGELES (Reuters) – Family members of three victims of the December 2015 shooting rampage in San Bernardino, California, have sued Facebook, Google and Twitter, claiming that the companies permitted Islamic State to flourish on social media.

The relatives assert that by allowing Islamic State militants to spread propaganda freely on social media, the three companies provided “material support” to the group and enabled attacks such as the one in San Bernardino.

“For years defendants have knowingly and recklessly provided the terrorist group ISIS with accounts to use its social networks as a tool for spreading extremist propaganda, raising funds and attracting new recruits,” family members of Sierra Clayborn, Tin Nguyen and Nicholas Thalasinos charge in the 32-page complaint, which was filed in U.S. District Court in Los Angeles on Wednesday.

“Without defendants Twitter, Facebook and Google (YouTube), the explosive growth of ISIS over the last few years into the most feared terrorist group in the world would not have been possible,” the complaint said.

Spokeswomen for Twitter and Google declined to comment on the lawsuit. Representatives for Facebook could not immediately be reached by Reuters on Thursday afternoon.

Syed Rizwan Farook and his wife, Tashfeen Malik, opened fire on a holiday gathering of Farook’s co-workers at a government building in San Bernardino on Dec. 2, 2015, killing 14 people and wounding 22 others.

Farook, the 28-year-old, U.S.-born son of Pakistani immigrants, and Malik, 29, a Pakistani native, died in a shootout with police four hours after the massacre.

Authorities have said the couple was inspired by Islamist militants. At the time, the assault ranked as the deadliest attack by Islamist extremists on U.S. soil since the Sept. 11, 2001, attacks. In June 2016, an American-born gunman pledging allegiance to the leader of Islamic State shot 49 people to death at the Pulse nightclub in Orlando, Florida, before he was killed by police.

In December 2016 the families of three men killed at the nightclub sued Twitter, Google and Facebook in federal court on allegations similar to those in the California lawsuit.

Federal law gives internet companies broad immunity from liability for content posted by their users. A number of lawsuits have been filed in recent years seeking to hold social media companies responsible for terror attacks, but none has advanced beyond the preliminary phases.

(Reporting by Dan Whitcomb in Los Angeles; Additional reporting by David Ingram and Julia Love in San Francisco; Editing by Dan Grebler and Grant McCool)

Police probe motives behind fatal San Bernardino classroom shooting

Police officers are pictured after a shooting at North Park Elementary School in San Bernardino, California, U.S., April 10, 2017. REUTERS/Mario Anzuoni

By Steve Gorman

LOS ANGELES (Reuters) – Police in San Bernardino, California, sought more clues on Tuesday to the marital discord they believe led a gunman to walk into an elementary school class taught by his estranged wife and open fire, fatally shooting her and a student before killing himself.

Monday’s shooting at North Park Elementary, the latest of dozens of U.S. schools traumatized by armed intruders in recent years, left a second child badly wounded and reopened a debate about what educators can do to safeguard students against gun violence.

It was especially wrenching for the city of San Bernardino, the “Inland Empire” town about 65 miles east of Los Angeles where another shooting rampage 15 months ago left 14 people dead and more than 20 wounded at an office holiday party.

Unlike the 2015 massacre, carried out by a radicalized Muslim couple in what authorities described as an act of terrorism, police said the latest shooting apparently grew out of a domestic dispute between the suspect and his wife.

The gunman in the North Park shooting was identified as Cedric Anderson, 53, of nearby Riverside, who according to police had a criminal history that included weapons charges and domestic violence that predated his brief marriage to the slain teacher, Karen Elaine Smith, also 53.

Her mother, Irma Sykes, told the Los Angeles Times the couple had been friends for four years before they married in January and that her daughter “decided she needed to leave him” after just a month.

“She thought she had a wonderful husband, but she found out he was not wonderful at all,” Sykes was quoted as saying. “He had other motives. She left him, and that’s where the trouble began.” She declined to elaborate, the newspaper said.

Anderson was reported in local media to have served in the military for eight years, though police said they are still seeking to confirm that.

The two students hit by gunfire happened to have been standing behind Smith and were believed to have been unintentional victims, Police Chief Jarrod Burguan told reporters on Monday. One 8-year-old boy, Jonathan Martinez, died from his wounds. A 9-year-old classmate who was not publicly identified was admitted to a hospital, where he was said to be in stable condition.

Fifteen students and two adult teacher assistants were in the classroom at the time of the shooting, police said.

Police said Anderson was welcomed into the school as a legitimate visitor who stopped by to “drop something off with his wife,” Burguan said. He kept his weapon concealed until opening fire in the classroom without saying a word, then reloaded and shot himself to death.

Police and school officials said Anderson checked in at the school’s front office and even showed his identification. It was not clear whether a police officer normally assigned to the school was present.

(Reporting by Steve Gorman; Editing by Dan Grebler)

California gunman kills wife, self as she teaches class; student also dead

REFILE -- CORRECTING TYPO -- Students who were evacuated after a shooting at North Park Elementary School walk past well-wishers to be reunited with their waiting parents at a high school in San Bernardino, California, U.S. April 10, 2017. REUTERS/Mario Anzuoni

By Olga Grigoryants

SAN BERNARDINO, Calif. (Reuters) – A special education teacher and one of her students were fatally shot by her estranged husband when he opened fire with a high-caliber revolver before killing himself in her classroom at a San Bernardino, California, elementary school, police said.

A second student was badly wounded by the gunman, who authorities said had a criminal history that included weapons charges and domestic violence that predated his brief marriage to the slain teacher.

Police said the two students, both boys, were believed to have been inadvertently caught in the gunfire as bystanders to Monday’s shooting, which took place about 8 miles (13 km) from where a radicalized Muslim couple killed 14 people in a December 2015 shooting rampage.

Police Chief Jarrod Burguan said the shooting at North Park Elementary School in San Bernardino, about 65 miles east of Los Angeles, was an apparent murder-suicide. It was the latest in dozens of cases of gun violence at U.S. school campuses.

The gunman was identified as Cedric Anderson, and his wife as Karen Elaine Smith, both 53. Burguan said the couple had been married briefly and had been separated for about a month or month and a half.

The two students struck by gunfire had been standing behind Smith, the chief said. One 8-year-old boy, identified as Jonathan Martinez, died from his wounds. A 9-year-old classmate who was not publicly identified was admitted to a hospital, where he was said to be in stable condition.

Fifteen students and two adult teacher assistants were in the classroom along with the couple at the time of the shooting, police said.

Police said Anderson was welcomed into the school as a legitimate visitor, stopping by the “drop something off with his wife,” and kept his weapon concealed until opening fire in the classroom, Burguan said.

ANGUISH AND RELIEF

The school was evacuated after the shooting and students were bused to the campus of California State University at San Bernardino to be briefed and interviewed by authorities. From there, they were taken to a nearby high school and be reunited with their families.

Aerial television footage showed children holding hands and walking single-file across the campus to waiting buses.

Parents waved and cheered as they greeted their children, who school staff had plied with bottled water, sandwiches and snack bars while waiting for parents to arrive.

“I’m glad my daughter is fine,” said Angelique Youmans, 31, as she hugged her 10-year-old daughter. “She is too young to understand what happened.”

Samantha Starcher, 25, said she waited four hours to be reunited with her 6-year-old daughter.

“When I heard about the shooting, I started praying, asking God to keep my daughter safe” she said. “She heard two gunshots but she didn’t know what it was. I’m not going to tell her (about the shooting) because I don’t want to traumatize her.”

School officials said North Park Elementary would remain closed for at least two days.

The city of San Bernardino last made national headlines on Dec. 2, 2015, when a husband and wife who authorities said were inspired by Islamic extremism opened fire on a holiday office party of county health workers, killing 14 people and wounding more than 20. The couple, Syed Rizwan Farook and Tashfeen Malik were killed by police during a shootout.

MOUNTING SCHOOL GUN VIOLENCE

The school shooting came two days after a fitness instructor returned to a Florida gym a few hours after he had been fired and shot two former colleagues to death.

An estimated 10,000 people are murdered with guns each year in the United States, according to federal crime statistics.

The United States has had an average of 52 school shooting incidents a year since a gunman killed 26 young children and educators in Newtown, Connecticut, in 2012, according to Everytown for Gun Safety, a gun-control group founded in response to that massacre.

Total school shootings, a figure that includes elementary schools, high schools and colleges, regardless of whether anyone was killed or wounded, rose from 37 in 2013 to 58 in 2014 and to 65 in 2015, before declining to 48 in 2016, according to the group’s data.

With Monday’s San Bernardino incident, the United States has had 12 school shootings this year, on pace to match 2016’s tally.

Mayor Carey Davis said he had spoken about the shooting to White House officials who said President Donald Trump expressed “concern for students and teachers” at North Park.

Security experts said schools have few options to limit such incidents, given the prevalence of guns in the United States.

“If people have guns, people are going to use guns, so it’s literally the price that we pay for that freedom,” said. John DeCarlo, a criminal justice professor at the University of New Haven and the former chief of police in Branford, Connecticut.

One answer, he said, would be for all schools to sweep everyone who entered with metal detectors like those used at airports and sports venues. U.S. Education Department data said just 2 percent of U.S. schools require people entering to pass through metal detectors, up from 1 percent in 2000.

Gun control activist Shannon Watts, who founded Moms Demand Action for Gun Sense in America following the Newtown shooting, said her group will continue to push for regulation on gun access rather than metal detectors as a solution.

“It’s a cultural question,” she said. “Do we want to become a country of magnetometers and safety checkpoints and gun lockers?”

(Additional reporting by Steve Gorman, Piya Sinha-Roy and Dan Whitcomb in Los Angeles and Scott Malone in Boston; Writing by Steve Gorman; Editing by Toni Reinhold and Bill Trott)

Friend to plead guilty to aiding San Bernardino gunman: prosecutors

Weapons and evidence of San Bernardino shooting

By Dan Whitcomb

LOS ANGELES (Reuters) – A California man accused of buying assault-style rifles used by a married couple to massacre 14 people at a government office in San Bernardino in 2015 has agreed to plead guilty to conspiring to provide material support to terrorists, prosecutors said on Tuesday.

Enrique Marquez Jr., 25, will plead guilty to conspiring with Syed Rizwan Farook in 2011 and 2012 to attack a community college and commuters on a Southern California freeway, prosecutors said.

Marquez, a friend and former neighbor of Farook, has also agreed to plead guilty to making false statements about his purchase of two assault rifles used in the 2015 shooting rampage at the San Bernardino Inland Regional Center.

Marquez was scheduled to enter his pleas, part of an agreement with federal prosecutors, at a hearing on Thursday in U.S. District Court in Los Angeles. He faces a maximum sentence of 25 years in prison.

“This defendant collaborated with and purchased weapons for a man who carried out the devastating December 2, 2015 terrorist attack that took the lives of 14 innocent people, wounded nearly two dozen, and impacted our entire nation,” U.S. Attorney Eileen Decker said in a written statement announcing the plea deal.

Farook, 28, and his wife, Tashfeen Malik, 29, opened fire at a holiday gathering of Farook’s co-workers on Dec. 2, 2015, killing 14 people and wounding 22.

Farook, the U.S.-born son of Pakistani immigrants, and Malik, a Pakistani native he married in Saudi Arabia in 2014, died in a shootout with police four hours after the massacre.

Authorities have said the couple were inspired by Islamist extremism. It was one of the deadliest attacks by militants in the United States since the Sept. 11, 2001, hijacked plane attacks.

Prosecutors say Marquez and Farook, who were childhood friends, plotted attacks together in 2011 and 2012 that were never carried out and it was during that time that Marquez purchased the two rifles that Farook and Malik ultimately used in San Bernardino.

Marquez did not take part in the San Bernardino massacre but was arrested about two weeks later and has remained in custody ever since.

He also faces immigration fraud charges in connection with his marriage to Russian-born Mariyah Chernykh, which prosecutors say was a sham.

Chernykh, 26, and Farook’s brother, Syed Raheel Farook, 31, pleaded guilty in January to immigration fraud charges stemming from the marriage.

(This version of the story corrects first paragraph to read “conspiring to provide” instead of “providing” to comply with official correction from United States Attorney’s Office, Los Angeles)

(Reporting by Dan Whitcomb; Editing by Peter Cooney and Andrew Hay)

San Bernardino massacre yields second immigration fraud conviction

Memorial for San Bernardino victims

By Steve Gorman

LOS ANGELES (Reuters) – The Russian-born wife of the California man accused of supplying guns used by another couple who killed 14 people in San Bernardino pleaded guilty on Thursday to federal immigration fraud charges, the U.S. Attorney’s Office said.

Mariya Chernykh, 26, became the second person convicted in an immigration fraud scheme linked to the December 2015 massacre by Syed Rizwan Farook and his Pakistani-born wife, Tashfeen Malik, who authorities said were inspired by Islamic extremism.

The man she admitted paying to marry her, Enrique Marquez Jr., is charged with furnishing two assault rifles used in the shooting rampage by Farook, a U.S. native of Pakistani descent, and Malik, whom he married in 2014 in Saudi Arabia.

The couple were killed in a gunfight with police four hours after the massacre.

Marquez also is accused of having plotted with Farook to stage similar shooting attacks in the suburbs east of Los Angeles in 2011 and 2012 that were never carried out. He is scheduled to go on trial on Sept. 26.

Farook’s brother, Syed Raheel Farook, 31, pled guilty to a single count of conspiracy to commit fraud earlier this month, admitting that he lied on immigration forms that paved the way for Chernykh, his wife’s sister, to engage in a fraudulent marriage to Marquez.

Chernykh, a Russian citizen, pled guilty to charges of conspiracy, perjury and making false statements, and now faces a maximum penalty of 20 years in prison and a $1 million fine when she is sentenced in November, according to a statement by the U.S. Attorney’s Office in Los Angeles. Her would-be brother-in-law, Raheel Farook, could receive up to five years in prison.

His wife, Tatiana Farook, a third defendant in the immigration fraud case, is slated to go on trial in March.

The slaying of Rizwan’s Farook’s co-workers at a holiday office party on Dec. 2, 20015, ranks as one of the deadliest attacks by Islamist militants in the United States since the Sept. 11, 2001, al Qaeda attacks on New York and Washington.

In addition to acknowledging in court on Thursday that she falsified immigration documents and paid Marquez to participate in the sham marriage, Chernykh admitted making false statements to federal investigators in the immediate aftermath of the San Bernardino attack, authorities said.

(Reporting by Steve Gorman; Editing by Sandra Maler)

San Bernardino marks one-year anniversary of shooting that killed 14

Neighbours comfort Jose Gonzales (centre), who was prevented from returning to his wife and his home at the scene of the investigation around the area of the SUV vehicle where two suspects were shot by police following a mass shooting in San Bernardino, California December 3, 2015.

By Alex Dobuzinskis

LOS ANGELES (Reuters) – Police and fire officials in Southern California who dealt with the carnage of a mass shooting by Islamic militants that left 14 people dead will mark the one-year anniversary on Friday of the attack that shook even the most hardened emergency responders.

The massacre on Dec. 2, 2015, in San Bernardino by a married couple was one of the deadliest attacks by militants in the United States since the Sept. 11, 2001, hijacked plane attacks.

Syed Rizwan Farook, 28, and his wife, Tashfeen Malik, 29, opened fire during a party and training session for San Bernardino County employees, who were Farook’s co-workers, wounding 22 people in addition to the 14 killed.

Police officers were stunned as they entered the conference room where Farook and Malik had fired on dozens of people, according to a report issued this year by the Police Foundation, which spoke to emergency responders and witnesses.

“It looked like a bomb had gone off,” the report said, with blood covering the room and the smell of gunpowder filling the air.

An SUV with its windows shot out that police suspect was the getaway vehicle from at the scene of a shooting in San Bernardino, California is shown in this aerial photo December 2, 2015.

An SUV with its windows shot out that police suspect was the getaway vehicle from at the scene of a shooting in San Bernardino, California is shown in this aerial photo December 2, 2015. REUTERS/Mario Anzuoni/File Photo

On Friday, the victims will be remembered with a ceremony at a San Bernardino blood bank, a 14-mile (23 km) bicycle ride – representing one mile for each person killed – and a moment of silence.

The ceremony at the blood bank will be attended by officials and emergency responders, and residents are expected to line up to donate blood. The bike ride by police officers and others will be held a short time later, organizers said.

The moment of silence will be held at 10:58 a.m., the time when the shooting was reported to emergency responders, San Bernardino city spokeswoman Monica Lagos said.

In the evening, another local event is expected to draw at least 2,000 participants to an arena, she said.

Authorities have said that U.S.-born Farook and Malik, a native of Pakistan, were inspired by Islamic extremism. The couple died in a shootout with police four hours after the massacre.

A special report this week by ABC News showed a photo of the gathering the couple had targeted, which included elements of a holiday party such as a Christmas tree and costumes.

San Bernardino Police Chief Jarrod Burguan told ABC News that Malik had previously expressed discontent with the party.

“She had essentially made the statement in an online account that she didn’t think that a Muslim (her husband) should have to participate in a non-Muslim holiday or event,” Burguan told ABC News.

(Reporting by Alex Dobuzinskis; Editing by Leslie Adler)

A year after San Bernardino attack, investigators still seek answers

Law enforcement looking over evidence

By Alex Dobuzinskis

LOS ANGELES (Reuters) – One year after two Islamic militants shot dead 14 people in a massacre in Southern California, FBI investigators are still seeking to answer key questions such as the location of the married couple’s computer hard drive and whether anyone helped them, an official said.

Syed Rizwan Farook, 28, and his wife, Tashfeen Malik, 29, opened fire on Dec. 2 during a party and training session for San Bernardino County employees, who were co-workers of Farook, injuring 22 people in addition to the 14 killed.

It was one of the deadliest attacks by militants in the United States since the Sept. 11, 2001, hijacked plane attacks.

Authorities have said that U.S.-born Farook and Malik, a native of Pakistan who lived most of her life in Saudi Arabia, were inspired by Islamic extremism. The couple, who were parents of a 6-month-old daughter, both died in a shootout with police four hours after the massacre.

The Federal Bureau of Investigation is still seeking to determine if anyone assisted the couple, such as in financing the attack or helping to plan for it, FBI spokeswoman Laura Eimiller said.

“While we have not charged anyone with providing support to Farook and Malik, we certainly will continue to investigate to determine if they were supported in any way,” she said in a telephone interview.

To that end, the FBI is still hoping to find the hard drive from the couple’s computer, Eimiller said.

A search by FBI divers in the weeks after the attack of a small lake at a park where Farook and Malik stopped in the hours after the shooting failed to turn up the hard drive.

In addition, the FBI still has an 18-minute gap in accounting for the whereabouts of Farook and Malik in the hours they spent driving around San Bernardino in a sport utility vehicle after the attack at the city’s Inland Regional Center.

The couple left three pipe bombs at the center, in an apparent attempt to harm emergency workers caring for the wounded, according to authorities. The couple approached the center after the attack and might have been trying to detonate one of the devices remotely, Eimiller said.

Several public events are scheduled for Friday in San Bernardino to mark the one-year anniversary of the attack.

Elected officials and emergency responders who handled the attack will attend a ceremony at a San Bernardino blood bank on Friday morning. In the evening, another event is expected to draw at least 2,000 participants to an arena in the city.

(Editing by Leslie Adler)

FBI paid more than $1.3 million to break into San Bernardino iPhone

Apple Logo

By Julia Edwards

WASHINGTON (Reuters) – Federal Bureau of Investigation Director James Comey said on Thursday the agency paid more to get into the iPhone of one of the San Bernardino shooters than he will make in the remaining seven years and four months he has in his job.

According to figures from the FBI and the U.S. Office of Management and Budget, Comey’s annual salary as of January 2015 was $183,300. Without a raise or bonus, Comey will make $1.34 million over the remainder of his job.

That suggests the FBI paid the largest ever publicized fee for a hacking job, easily surpassing the $1 million paid by U.S. information security company Zerodium to break into phones.

Speaking at the Aspen Security Forum in London, Comey was asked by a moderator how much the FBI paid for the software that eventually broke into the iPhone.

“A lot. More than I will make in the remainder of this job, which is seven years and four months for sure,” Comey said. “But it was, in my view, worth it.”

The Justice Department said in March it had unlocked the San Bernardino shooter’s iPhone with the help of an unidentified third party and dropped its case against Apple Inc <AAPL.O>, ending a high-stakes legal clash but leaving the broader fight over encryption unresolved.

Comey said the FBI will be able to use software used on the San Bernardino phone on other 5C iPhones running IOS 9 software.

There are about 16 million 5C iPhones in use in the United States, according to estimates from research firm IHS Technology. Eighty-four percent of iOS devices overall are running iOS 9 software, according to Apple.

The FBI gained access to the iPhone used by Rizwan Farook, one of the shooters who killed 14 people in San Bernardino, California on Dec. 2.

The case raised the debate over whether technology companies’ encryption technologies protect privacy or endanger the public by blocking law enforcement access to information.

(Reporting by Julia Edwards in Washington; additional reporting by Julia Love in San Francisco; Editing by Simon Cameron-Moore)

U.S. says it may not need Apple to open San Bernardino iPhone

(Reuters) – U.S. prosecutors said Monday that a “third party” had presented a possible method for opening an encrypted iPhone used by one of the San Bernardino shooters, a development that could bring an abrupt end to the high-stakes legal showdown between the government and Apple Inc.

A federal judge in Riverside, California, late Monday agreed to the government’s request to postpone a hearing scheduled for Tuesday so that the FBI could try the newly discovered technique. The Justice Department said it would update the court on April 5.

The government had insisted until Monday that it had no way to access the phone used by Rizwan Farook, one of the two killers in the December massacre in San Bernardino, California, except to force Apple to write new software that would disable the password protection.

The Justice Department last month obtained a court order directing Apple to create that software, but Apple has fought back, arguing that the order is an overreach by the government and would undermine computer security for everyone.

The announcement on Monday that an unnamed third party had presented a way of breaking into the phone on Sunday – just two days before the hearing and after weeks of heated back-and-forth in court filings – drew skepticism from many in the tech community who have insisted that there were other ways to get into the phone.

“From a purely technical perspective, one of the most fragile parts of the government’s case is the claim that Apple’s help is required to unlock the phone,” said Matt Blaze, a professor and computer security expert at the University of Pennsylvania. “Many in the technical community have been skeptical that this is true, especially given the government’s considerable resources.”

Former prosecutors and lawyers supporting Apple said the move suggested that the Justice Department feared it would lose the legal battle, or at minimum would be forced to admit that it had not tried every other way to get into the phone.

In a statement, the Justice Department said its only interest has always been gaining access to the information on the phone and that it had continued to explore alternatives even as litigation began. It offered no details on the new technique except that it came from a non-governmental third party, but said it was “cautiously optimistic” it would work.

“That is why we asked the court to give us some time to explore this option,” a spokeswoman for the Justice Department, Melanie R. Newman, said. “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.”

It would also likely end the case without a legal showdown that many had expected to reach the U.S. Supreme Court.

An Apple executive told reporters on a press call that the company knew nothing about the Justice Department’s possible method for getting into the phone, and that the government never gave any indication that it was continuing to search for such solutions.

The executive characterized the Justice Department’s admission Monday that it never stopped pursuing ways to open the phone as a sharp contrast with its insistence in court filings that only Apple possessed the means to do so.

Nate Cardozo, staff attorney at the Electronic Frontier Foundation, a civil liberties group backing Apple, said the San Bernardino case was the “hand-chosen test case” for the government to establish its authority to access electronic information by whatever means necessary.

In that context, he said, the last-minute discovery of a possible solution and the cancellation of the hearing is “suspicious,” and suggests the government might be worried about losing and setting a bad precedent.

But George Washington University law professor Orin Kerr, a former Justice Department computer crime prosecutor, said the government was likely only postponing the fight.

“The problem is not going away, it’s just been delayed for a year or two,” he said.

Apple said that if the government was successful in getting into the phone, which might involve taking advantage of previously undiscovered vulnerabilities, it hoped officials would share information on how they did so. But if the government drops the case it would be under no obligation to provide information to Apple.

In opposing the court order, Apple’s chief executive, Tim Cook, and his allies have argued that it would be unprecedented to force a company to develop a new product to assist a government investigation, and that other law enforcement agencies around the world would rapidly demand similar services.

Law enforcement officials, led by Federal Bureau of Investigation Director James Comey, have countered that access to phones and other devices is crucial for intelligence work and criminal investigations.

The government and the tech industry have clashed for years over similar issues, and Congress has been unable to pass legislation to address the impasse.

(Reporting by Joseph Menn, additional reporting by Mari Saito; Editing by Leslie Adler and Andrew Hay)

Apple fight could escalate with demand for ‘source code’

SAN FRANCISCO (Reuters) – The latest filing in the legal war between the planet’s most powerful government and its most valuable company gave one indication of how the high-stakes confrontation could escalate even further.

In what observers of the case called a carefully calibrated threat, the U.S. Justice Department last week suggested that it would be willing to demand that Apple turn over the “source code” that underlies its products as well as the so-called “signing key” that validates software as coming from Apple.

Together, those two things would give the government the power to develop its own spying software and trick any iPhone into installing it. Eventually, anyone using an Apple device would be unable to tell whether they were using the real thing or a version that had been altered by officials to be used as a spy tool.

Technology and security experts said that if the U.S. government was able to obtain Apple’s source code with a conventional court order, other governments would demand equal rights to do the same thing.

“We think that would be pretty terrible,” said Joseph Lorenzo Hall, chief technologist at the nonprofit Center for Democracy & Technology.

The battle between Apple and the U.S Justice Department has been raging since the government in February obtained a court order demanding that Apple write new software to help law enforcement officials unlock an iPhone associated with one of the shooters in the December attack in San Bernardino, California that killed 14 people.

Apple is fighting the order, arguing that complying with the request would weaken the security of all iPhones and create an open-ended precedent for judges to make demands of private companies.

The Justice Department’s comments about source code and signing keys came in a footnote to a filing last week in which it rejected Apple’s arguments. Apple’s response to the DOJ brief is expected on Tuesday.

Justice Department lawyers said in the brief that they had refrained from pursuing the iOS source code and signing key because they thought “such a request would be less palatable to Apple. If Apple would prefer that course, however, that may provide an alternative that requires less labor by Apple.”

The footnote evoked what some lawyers familiar with the case call a “nuclear option,” seeking the power to demand and use the most prized assets of lucrative technology companies.

A person close to the government’s side told Reuters that the Justice Department does not intend to press the argument that it could seize the company’s code, and someone on Apple’s side said the company isn’t worried enough to counter the veiled threat in its brief due Tuesday.

But many people expect the iPhone matter to reach the U.S. Supreme Court, and thus even fallback legal strategies are drawing close scrutiny.

ODDS OF SUCCESS UNCLEAR

There is little clarity on whether a government demand for source code would succeed.

Perhaps the closest parallel was in a case filed by federal prosecutors against Lavabit LLC, a privacy-oriented email service used by Edward Snowden. In trying to recover Snowden’s unencrypted mail from the company, which did not keep Snowden’s cryptographic key, the Justice Department got a court order forcing the company to turn over another key instead, one that would allow officials to impersonate the company’s website and intercept all interactions with its users.

“Lavabit must provide any and all information necessary to decrypt the content, including, but not limited to public and private keys and algorithms,” the lower court ruled.

Lavabit shut down rather than comply. But company lawyer Jesse Binnall said the Fourth Circuit Court of Appeals, which upheld the lower ruling, did so on procedural grounds, so that the Justice Department’s win would not influence much elsewhere.

In any case, full source code would be even more valuable than the traffic key in the Lavabit case, and the industry would go to extreme lengths to fight for it, Binnall said.

“That really is the keys to the kingdom,” Binnall said.

Source code is sometimes inspected during lawsuits over intellectual property, and the Justice Department noted that Apple won permission to review some of rival Samsung’s &lt;005930.KS> code in one such case. In that case and similar battles, the code is produced with strict rules to prevent copying.

No cases brought by the government have led to that sort of code production, or at least none that have come to light.

But intelligence agencies operate under different rules and have wide latitude overseas. Some advanced espionage programs attributed to the United States used digital certificates that were stolen from Taiwanese companies, though not full programs.

U.S. software code may have been sought in other cases, such as investigations relying on the Patriot Act or the Foreign Intelligence Surveillance Act (FISA), which applies within American borders.

Several people who have argued before the special FISA court or are familiar with some of its cases say they know of no time that the government has sought source code.

(Reporting by Joseph Menn; Editing by Jonathan Weber and Cynthia Osterman)