Re: I don't quite get it...
Whether Apple would be more responsive to a request from the owner is a good question, and might be covered in the printed material that comes with an iPhone and the owner agrees to by opening the package or activating the phone. Even if it is, and denies all hope of Apple pass code recovery assistance, it would be interesting to see it tried. I seem to recall reports that some software EULA provisions have fallen when challenged in a court. The government would likely agree in this case, but that probably would not affect their stance in others where the owner does not consent or cannot be found.
That approach does not seem plausible in most cases, however, since the owner (if available) may not consent to the search. In those cases, the US or district attorney probably should negotiate access with the owner to allow the search and give up (or enter) the pass code to facilitate it. The negotiations might, for example, involve a combination of contempt of court punishment, plea bargaining, and forbearance in prosecuting the owner (but not others) based on information found, all of which are more or less standard techniques. Direct request to Apple (or other manufacturers) should be a last resort for cases in which the information cannot be obtained more directly.
Biting the hand that feeds IT
