The FBI on Friday
released 100 pages of heavily censored documents related to its
agreement with an unidentified vendor to hack into an iPhone used by one
of the San Bernardino, California, shooters, but it did not identify
whom it paid to perform the work or how much it cost.
The records were provided in response to a federal lawsuit filed
against the FBI by The Associated Press, Vice Media and Gannett, the
parent company of USA Today.
The media organizations sued in September to learn how much the
FBI paid and who it hired to break into the phone of Syed Rizwan Farook,
who along with his wife killed 14 people at a holiday gathering of
county workers in December 2015. The FBI for weeks had maintained that
only Apple Inc. could access the information on its phone, which was
protected by encryption, but ultimately broke or bypassed Apple's
digital locks with the help of an unnamed third party.
The FBI, in its records release Friday, censored critical details
that would have shown how much the FBI paid, whom it hired and how it
opened the phone. The files had been marked "secret" before they were
turned over under the lawsuit.
The files make clear that the FBI signed a nondisclosure
agreement with the vendor. The records also show that the FBI received
at least three inquiries from companies interested in developing a
product to unlock the phone, but none had the ability to come up with a
solution fast enough for the FBI.
The FBI also said in contracting documents that it did not
solicit competing bids or proposals because it thought widely disclosing
the bureau's needs could harm national security.
The lawsuit was filed months after the FBI's sudden announcement
in March that it had purchased a tool from an unidentified third party
to open Farook's phone. The disclosure aborted a court fight that began
when a federal judge had directed Apple to help the FBI break into the
phone.
The suit by the media organizations argued there was no legal
basis to withhold the information and challenged the adequacy of the
FBI's search for relevant records. It also said the public had a right
to know whether the vendor has adequate security measures, is a proper
recipient of government funds and will act only in the public interest.
In refusing to provide the records, the FBI said the records had
been compiled for law enforcement purposes and might interfere with
ongoing enforcement proceedings, even though at the time the shooters
were both dead and there were no indications others were involved.
It was the third lawsuit the AP has filed against the Obama administration under the U.S. Freedom of Information Act.
Source: Foxbusiness
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