Case 5:16-cm-00010-SP Document 191 Filed 03/21/16 Page 1 of 3 Page ID #:3101 1 2 3 4 5 6 7 8 9 EILEEN M. DECKER United States Attorney PATRICIA A. DONAHUE Assistant United States Attorney Chief, National Security Division TRACY L. WILKISON (California Bar No. 184948) Chief, Cyber and Intellectual Property Crimes Section Assistant United States Attorney 1500 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-2400 Facsimile: (213) 894-8601 Email: Tracy.Wilkison@usdoj.gov Attorneys for Applicant UNITED STATES OF AMERICA 10 UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 13 14 IN THE MATTER OF THE SEARCH OF AN APPLE IPHONE SEIZED DURING THE EXECUTION OF A SEARCH WARRANT ON A BLACK LEXUS IS300, CALIFORNIA LICENSE PLATE #5KGD203 ED No. CM 16-10 (SP) GOVERNMENT’S EX PARTE APPLICATION FOR A CONTINUANCE 15 Current Hearing Date: Current Hearing Time: 16 Location: March 22, 2016 1:00 p.m. Courtroom of the Hon. Sheri Pym 17 18 19 Applicant United States of America, by and through its counsel of record, the 20 United States Attorney for the Central District of California, hereby files this Ex Parte 21 Application for a Continuance, requesting that the hearing currently set for March 22, 22 2016 be vacated and that the government file a status report by April 5, 2016. 23 24 25 26 27 28 This Application is based upon the attached memorandum of points and /// Case 5:16-cm-00010-SP Document 191 Filed 03/21/16 Page 2 of 3 Page ID #:3102 1 authorities, the files and records in this case, and such further evidence and argument as 2 this Court may permit. 3 4 5 6 7 Dated: March 21, 2016 Respectfully submitted, EILEEN M. DECKER United States Attorney PATRICIA A. DONAHUE Assistant United States Attorney Chief, National Security Division 8 9 10 11 12 TRACY L. WILKISON Assistant United States Attorney Attorneys for Applicant UNITED STATES OF AMERICA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 5:16-cm-00010-SP Document 191 Filed 03/21/16 Page 3 of 3 Page ID #:3103 1 2 MEMORANDUM OF POINTS AND AUTHORITIES Since the attacks in San Bernardino on December 2, 2015, the Federal Bureau of 3 Investigation (“FBI”) has continued to pursue all avenues available to discover all 4 relevant evidence related to the attacks. 5 Specifically, since recovering Farook’s iPhone on December 3, 2015, the FBI has 6 continued to research methods to gain access to the data stored on it. The FBI did not 7 cease its efforts after this litigation began. As the FBI continued to conduct its own 8 research, and as a result of the worldwide publicity and attention on this case, others 9 outside the U.S. government have continued to contact the U.S. government offering 10 avenues of possible research. 11 On Sunday, March 20, 2016, an outside party demonstrated to the FBI a possible 12 method for unlocking Farook’s iPhone. Testing is required to determine whether it is a 13 viable method that will not compromise data on Farook’s iPhone. If the method is 14 viable, it should eliminate the need for the assistance from Apple Inc. (“Apple”) set forth 15 in the All Writs Act Order in this case. 16 Accordingly, to provide time for testing the method, the government hereby 17 requests that the hearing set for March 22, 2016 be vacated. The government proposes 18 filing a status report with the Court by April 5, 2016. 19 On March 21, 2016, at approximately 2:45 p.m., the United States Attorney 20 contacted counsel for Apple to request Apple’s position on this ex parte Application, and 21 counsel for Apple requested a telephonic status conference with the Court. 22 23 24 25 26 27 28