Essentially, this is what the FBI is requesting. Apple has extracted and turned over all information from the phone from the cloud back up. The FBI is missing the last months information as that was after the last back up.
Here's the problem. Once this occurs, then Apple is back in the business of cracking their customer's phones for LE agencies and even foreign LE/govt agencies. "Well, we know you can do it because you were forced to make software for the terrorist FBI investigation, so the judge orders you to do this phone too." Now they are in a position they are compelled to retain the software for further requests and it's open to theft or exploitation. It's even potentially open to relinquishment to the US Govt and then it clearly lost to a foreign government. There simply isn't "just this time" when it comes to a search like this. Apple doesn't want to even make the Genie much less let it out of the bottle. I agree. There are other avenues to gather this information, and if they can't, well that's the price of privacy. I wast told no during more than one warrant request and didn't find evidence during many an electronic and physical search. The way I see it, this is burning down a city to search a single houses basement.