The FBI and DOJ are not doing this. They applied for a court order and a US Federal Magistrate issued the order. At this point, Apple can comply, appeal the order to the circuit court, or explain how they are not technicaly able to comply.
This is pretty normal. It is actually pretty good publicity for Apple as it is a public acknowldgement that all of the federal resources available are not able to crack this phone.
Who owns the phone? If the owner is no longer alive, they have a diminished expectation of privacy. Evidence on the phone may provide leads on other known associates and conspirators involved in terrorist activity. Wouldn't you at least expect your government to pursue the evidence?





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