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The FBI may be backing out of its case against Apple

Tim CookCBS / ‘The Late Show with Stephen Colbert’

The FBI has moved to vacate the court hearing in its case against Apple that was scheduled to take place Tuesday.

In a motion filed Monday, the FBI says it has discovered a new way to unlock the San Bernardino shooter’s iPhone without Apple’s help.

The FBI has asked to postpone Tuesday’s hearing so it can determine whether or not it will be able to unlock the iPhone using this newly discovered method without compromising the data.

Previously, the FBI said the only way it could access the iPhone was to order Apple to rewrite iOS to allow it to bypass its security passcode. Apple refused the FBI’s order, setting off a tense legal battle. The two sides are scheduled to meet in court on Tuesday, but it appears the FBI wants to hold off, at least for the time being.

It’s unclear who provided the FBI with a method to potentially unlock the iPhone, but the filing does mention it came from someone outside the US government. It’s also unclear whether or not Tuesday’s hearing will still go through. However, it sounds like the FBI wants to give this a method a shot before going through a long legal battle with Apple.

Assuming the method the FBI wants to use does work without Apple’s help, that means there’s a potentially serious flaw in the iPhone’s security and it can be unlocked even if it’s protected with a passcode.

Tech Insider has reached out to Apple for comment.

Developing… refresh this post for the latest.

Here’s the full text of the motion:

FBI Apple motion to vacate


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