According to multiple sources, the Texas Rangers served Apple with warrants on November 9, 2017 for data stored locally on the shooter’s iPhone SE and data available within iCloud starting on January 1, 2016.
Devin Kelley, 26, killed 26 people and injured 20 others on November 5, 2017 at the First Baptist Church in Sutherland Springs, Texas. After a car chase involving civilians, Kelley was found dead after his SUV crashed. He had multiple gunshot wounds including a self-inflicted shot wound to the head.
Investigators hope to learn more about Kelley using his iPhone and iCloud data; however, no one from the FBI or the Texas Rangers reached out to Apple within 48 hours of Kelley’s death—despite Apple saying they had reached out “immediately” to provide assistance. After 48 hours the phone can no longer be unlocked via biometrics.
In early 2016, the FBI famously took Apple to court over iPhone encryption; however, they later backed down claiming a third-party was able to assist with their requests. Apple has maintained that creating a “back door” to the iPhone would undermine its encryption and could prove dangerous in the wrong hands. It is estimated that over 700 million iPhones are currently in use worldwide.
While Apple may be able to assist with access to iCloud data—to a point—the request for the local data on the iPhone may rekindle the past efforts of the FBI and the security versus privacy debate in America. As of now Apple has refrained from commenting, citing policy that prevents them from speaking on law enforcement matters.
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