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‘We have a right to privacy’, says Carol Adams, whose son was killed in San Bernardino

Privacy vs security at heart of Apple phone court order1:34

Law enforcement, Apple users and security experts react to the legal standoff between Apple and the U.S. government over its iPhone encryption technology. Deborah Lutterbeck reports.

Federal prosecutors told the judge they can't access a county-owned work phone used by Farook because they don't know his passcode..

Staff writers, Reuters, Chris PerezNews Corp Australia Network

THE Obama administration told a US magistrate judge on Friday it would be willing to allow Apple Inc. to retain possession of and later destroy specialised software it has been ordered to design to help the FBI hack into an encrypted iPhone used by the gunman in December's mass shootings in California.

The government made clear that it was open to less intrusive options in a new legal filing intended to blunt public criticism by Apple's chief executive, Tim Cook, who said the software would be "too dangerous to create" because it would threaten the digital privacy of millions of iPhone customers worldwide.

"Apple may maintain custody of the software, destroy it after its purpose under the order has been served, refuse to disseminate it outside of Apple and make clear to the world that it does not apply to other devices or users without lawful court orders," the Justice Department told Judge Sheri Pym.

Apple CEO Tim Cook has much to think about.

Apple CEO Tim Cook has much to think about.Source:AP

"No one outside Apple would have access to the software required by the order unless Apple itself chose to share it."

Meanwhile, US Republican presidential candidate Donald Trump has called for a boycott of Apple products until the tech company agrees to help the US government unlock the mobile phone of one of the killers in the San Bernardino, California, attack.

"Boycott Apple until such time as they give that information," Trump said at a campaign event in Pawleys Island, South Carolina.

"It just occurred to me."

Trump made the off-the-cuff comment at a town hall-style event at a country club in Pawleys Island, a day before that state's Republican presidential nominating contest.

Trump's spokeswoman said the real estate mogul does not use an iPhone.

"I use both iPhone & Samsung. If Apple doesn't give info to authorities on the terrorists I'll only be using Samsung until they give info," Trump wrote on Twitter on Friday.

His latest comments came as the US Department of Justice filed a motion seeking to force Apple to comply with a judge's order for the company to unlock the iPhone belonging to one of the San Bernardino shooters, portraying the tech company's refusal as a "marketing strategy."

In a new motion, federal prosecutors say Apple's refusal to help unlock the phone for the FBI. "appears to be based on its concern for its business model and public brand marketing strategy," rather than a legal rationale.

Prosecutors also said Apple would be allowed to retain possession of the phone and technology.

It comes as Carol Adams, a mother whose son was killed in San Bernardino, publicly supported Apple's position to protect the privacy of its users.

The mum of Robert Adams — a 40-year-old environmental health specialist who was shot dead by Syed Rizwan Farook and his wife — told The New York Post on Thursday that the constitutional right to privacy "is what makes America great to begin with."

Republican presidential candidate Donald Trump is siding with the US government.

Republican presidential candidate Donald Trump is siding with the US government.Source:AFP

She justified the tech giant's decision to fight a federal court order to create software to get around the iPhones' selfdestructing data lock — which would allow the feds to retrieve personal banking passwords, photos and other information.

Apple CEO Tim Cook explained on Wednesday why he's fighting the court order.

"The government suggests this tool could only be used once, on one phone. But that's simply not true. Once created, the technique could be used over and over again, on any number of devices," he said.

Facebook and Twitter are also siding with Apple in its fight against the court order.

Twitter's chief executive Jack Dorsey tweeted that the microblogging site stands with Apple and thanked Cook for his leadership.

Facebook in a statement said it condemns terrorism and also appreciates the essential work of law enforcement in keeping people safe. But it said it will "fight aggressively" against requirements for companies to weaken the security of their systems.

The government says the software would help the FBI break into Farook's iPhone and possibly retrieve details on terror cells and further attacks.

"This is what makes America great to begin with, that we abide by a constitution that gives us the right of privacy …"

Still, Adams said such software could undermine the Constitution.

"This is what separates us from communism, isn't it? The fact we have the right to privacy," she said. "I think Apple is definitely within their rights to protect the privacy of all Americans.

"This is what makes America great to begin with, that we abide by a constitution that gives us the right of privacy, the right to bear arms, and the right to vote."

The feds say they want to hack into Farook's mobile device to retrace the ISIS supporter's steps on December 2, when he and his wife, Tashfeen Malik, shot and killed 14 people before being fatally gunned down in a shootout with cops.

California US Magistrate Judge Sheri Pym has ordered Apple to create a back door for the FBI to bypass an iPhone feature that destroys data after 10 consecutive unsuccessful unlock attempts.

Adams said she understands the FBI's need to search Farook's phone, but it has to be done without putting others at risk.

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