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FBI Releases (Redacted) Documents About The San Bernardino iPhone Case (go.com)

Posted by EditorDavid on from the [redacted] dept.

The FBI released 100 pages of documents about the unidentified vendor who unlocked the iPhone used by the San Bernardino shooter, but "censored critical details that would have shown how much the FBI paid, whom it hired and how it opened the phone." An anonymous reader quotes the Associated Press: 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 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.

7 of 35 comments (clear)

  1. More to the point... by Black+Parrot · · Score: 4, Insightful

    What did they find on the phone?

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    Sheesh, evil *and* a jerk. -- Jade
  2. Government and NDA's... WTF? by Marful · · Score: 4, Interesting

    How exactly does a public agency, beholden to the public enter a NDA?

    Shouldn't any NDA they enter just automatically be null and void?

    1. Re:Government and NDA's... WTF? by NotAPK · · Score: 3, Informative

      Agree completely. Surely contract law dictates that since the government can't legally break the law they can't circumvent FOI legislation? Hence, the NDA is void?

    2. Re:Government and NDA's... WTF? by SeaFox · · Score: 4, Interesting

      You can def be bound by NDA when working with a Govt agency, I have be bound by several not to disclose technology or infrastructure while working with/for an agency.

      You have it backwards. This is the government being bound by the NDA of the private company. You're talking about yourself being bound by an NDA enforced for the government's infrastructure.

    3. Re:Government and NDA's... WTF? by 93+Escort+Wagon · · Score: 2

      Well they COULD tell you... but then they'd have to kill you.

      --
      #DeleteChrome
    4. Re:Government and NDA's... WTF? by 93+Escort+Wagon · · Score: 5, Insightful

      Actually, it wouldn't surprise me in the slightest if it was the FBI who said "make us sign an NDA or we won't hire you".

      --
      #DeleteChrome
    5. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 4, Insightful

      It's just another way they weasel out of FOIA compliance. They do the same thing with the Harris Corporation, maker of Stingray devices. If one of those comes up in court, the feds will drop the charges and let a criminal go free, rather than discuss the Stingray in court. It's becoming very popular in law enforcement to avoid FOIA any way you can. Did you know that in Massachusetts, SWAT teams are private companies and therefore immune to public records requests?

      Your tax dollars at work, creating the Brave New World where law enforcement isn't accountable to anyone.