The tech giant isn`t backing down and is actually raising the stakes by accusing the government of asking Apple to actually hack into its own

THIS-MORNING-01

MORNING-01

by accusing the government of asking Apple to actually hack into its own

users and undermine decades of security advancements.>

killed fourteen people in a deadly terror attack the FBI says it is still

missing a key piece of evidence.>

CHARLIE ROSE: Good morning. It is Wednesday, February 17, 2016. Welcome to CBS THIS MORNING.

A judge orders Apple to help the FBI unlock the phone of a San Bernardino killer. CEO Tim Cook fired back overnight saying he will resist.

NORAH O`DONNELL: President Obama predicts Donald Trump will not be the next president. The billionaire takes it as a compliment.

GAYLE KING: And can we trust driverless cars to make moral and life-saving decisions? Peter Greenberg goes for a ride to find out.

CHARLIE ROSE: But we begin this morning with a look at today`s Eye Opener-- your world in ninety seconds.

PRESIDENT BARACK OBAMA: I continue to believe Mister Trump will not be President. It`s not hosting a talk show or a reality show.

CHARLIE ROSE: President Obama takes a swing at Donald Trump.

DONALD TRUMP: For him to say that actually is a great compliment. You`re lucky I didn`t run last time when Romney ran because you would have been a one-term President.

JEB BUSH: He doesn`t stop talking. It`s not what he says, it`s just the fact that he says it louder and louder and louder. Rah, rah, rah.

WOMAN #1: Apple will find a landmark court order to help the FBI hack into an iPhone left by one of the San Bernardino shooters.

WOMAN #2: President Obama fired back at Senate Republicans who say they won`t even consider his nominee.

PRESIDENT BARACK OBAMA: The Constitution is pretty clear about what is supposed to happen now.

WOMAN #3: Severe thunderstorms swept across South Florida, tornadoes touched down. Crushed cars, damaged buildings, and toppled trees.

MAN #1: It was like a freight train coming through.

MAN #2: People trying to get a little too close to Pope Francis during his trip to Mexico.

WOMAN #4: The pontiff lost his temper and his balance.

MAN #3: Amazing rescue at a ski resort in British Columbia. An eleven-year- old boy dangling from a chair-lift.

MAN #4: Whoa.

CHARLIE ROSE: All that--

SCOTT PELLEY: Westminster Dog Show, a Super Bowl without the tailgating, just the tail.

MAN #4: The German Shorthaired Pointer, CJ.

MAN #5: Paul McCartney denied entrance to Tyga`s Grammy`s after party.

JIMMY KIMMEL (Jimmy Kimmel Live, ABC): Are you more of just a (INDISTINCT) guy--

CHARLIE ROSE: --and all that matters--

STEPHEN COLBERT (The Late Show with Stephen Colbert): Let`s talk about what experts are calling your potty-mouth.

DONALD TRUMP (The Late Show with Stephen Colbert; on phone): Yeah, I`ve decided to stop and I do that and I do that for emphasis amd I do that sometimes nonpolitically.

STEPHEN COLBERT: Why don`t you have a swear jar. Every time you say a bad word, you put a billion dollars in it.

CHARLIE ROSE: --on CBS THIS MORNING.

JAMES CORDEN (The Late Late Show with James Corden, CBS): Can you help me get to work?

SIA: Of course, I`d love to. I`m really good at direction.

You are a beautiest thing.

JAMES CORDEN: I feel like I`m just Sia. Not even James anymore.

(Sia singing Carpool Karaoke)

JAMES CORDEN: High five.

CHARLIE ROSE: Welcome to CBS THIS MORNING. Apple vows to fight a federal judge`s order to help the FBI unlock an iPhone used by one of the San Bernardino killers. Investigators believe Syed Rizwan Farook`s phone may contain crucial information. Farook and his wife killed fourteen people in the December attack. The FBI has been unable to break into the phone.

NORAH O`DONNELL: Apple`s CEO Tim Cook released a letter overnight saying the company is ".challenging the FBI`s demands with the deepest respect for American democracy and a love for our country." He wrote, quote, ".ultimately, we fear that this demand would undermine the very freedoms and liberty our government is meant to protect." Jeff Pegues is in Washington. Jeff, good morning.

JEFF PEGUES (CBS News Homeland Security Correspondent): Good morning. The tech giant isn`t backing down and is actually raising the stakes by accusing the government of asking Apple to actually hack into its own users and undermine decades of security advancements. Apple insists that this is a debate over privacy versus security.

(Begin VT)

JEFF PEGUES: More than two months after Syed Farook and his wife Tashfeen Malik killed fourteen people in a deadly terror attack the FBI says it is still missing a key piece of evidence.

JAMES COMEY (FBI Director): You know, San Bernardino, very important investigation to us. We still have one of those killer`s phones that we have not been able to open.

JEFF PEGUES: The phone is locked with a pass code and the government believes the auto eraser feature is turned on, meaning all information on the device would be deleted after several incorrect password attempts. Tuesday`s ruling requires Apple to disable the auto-erase function on Farook`s phone and enable the FBI to submit pass codes to unlock the phone. But the tech company is fighting back. In an online letter CEO Tim Cook writes, ".the U.S. government has asked us for something we simply do not have, and something we consider too dangerous to create. They have asked us to build a backdoor to the iPhone.In the wrong hands, this software, which does not exist today, would have the potential to unlock any iPhone in someone`s physical possession."

Cook previously defended Apple`s encryption techniques with Charlie Rose.

TIM COOK (Charlie Rose, PBS): When we design a new service, we try not to collect data so we`re not reading your e-mail, we`re not reading your iMessage. If the government laid a subpoena on us to get your iMessages we can`t provide it. It`s encrypted and we don`t have the key.

JEFF PEGUES: The government says hacking the iPhone could provide key information on who the couple communicated with and where they were before and after the shooting.

(End VT)

JEFF PEGUES: On its phase this case may sound like it`s just about unlocking a cell phone but it`s really about encryption and how information is protected. For about a year FBI director James Comey`s been asking in the tech industry for help with encryption issues. He says it isn`t just affecting national security investigations, but that local police are running into encryption roadblocks when it comes to solving murder cases as well. Charlie.

CHARLIE ROSE: Thanks, Jeff.

CBS News legal expert Rikki Klieman is here. She is, as you know, married to New York Police Commissioner Bill Bratton who has called on Apple to help law enforcement access cell phone. Rikki, good morning.

RIKKI KLIEMAN (CBS News Legal Analyst): Good morning.

CHARLIE ROSE: So what happens here? I mean can Apple prevent the government from using a subpoena to get access?

RIKKI KLIEMAN: Apple has two choices here. It either complies, which it has clearly said it will not, or it appeals. So what you have is a magistrate who has issued this order. They can appeal to the district court. They appeal to the ninth circuit and they eventually get to the United States Supreme Court. Both sides may want this decided by the Supreme Court.

NORAH O`DONNELL: But Apple says, including Tim Cook, that this asks for the company to create something they simply do not have and that it would be too dangerous to create. They say it didn`t exist.

RIKKI KLIEMAN: Well, what the simple thought was is we know that if you enter a password more than ten times, your phone can be-- messages, everything in it can be deleted. So what Tim Cook is saying is, well, you`re not just simply telling us to disable that that we have a switch, you are asking us to create a software program and by asking us to do an affirmative act, create a software program, you are asking us to hurt our customers` privacy.

NORAH O`DONNELL: Well, I think they`re going further than that. This is a watershed moment. In fact, what Tim Cook is saying is that the government`s demands are chilling, that if the government can use the All Writs Act to make it easier to unlock your iPhone, it would have the power to reach into anyone`s device to capture their data. An overstatement by them or true?

RIKKI KLIEMAN: Well, it depends, it depends because this is a very narrow case. If you`ve got a narrow case like this, you have two dead people who were engaged in the terrorist act. To get in to see where they were walking, where they were during that the time where we don`t know, to look into their records, to look and to see if ISIS was directing them, that`s narrow. It`s about two people who were terrorists. It`s not about all of us in the world.

CHARLIE ROSE: Exactly, right. You can set up procedures where-- before you allow this?

RIKKI KLIEMAN: You can. But the problem is Tim Cook, as he has said to you, is saying, well, what do we know if we create this software program? Is it going to be misused--

CHARLIE ROSE: Exactly.

RIKKI KLIEMAN: --by the government or by hackers or someone who wants to do something bad to you.

GAYLE KING: Okay. Rikki Klieman, thank you.

A new poll just out this morning shows that Donald Trump is expanding his lead nationwide. Donald Trump is up two to one among Republican voters with thirty-nine percent support. Marco Rubio and Ted Cruz are statistically tied for second at nineteen and eighteen percent. John Kasich, Jeb Bush, and Ben Carson are all in the single digits. Now despite Donald Trump`s expanding lead, President Obama predicted on Tuesday that Trump will not be president. Major Garrett is in Mount Pleasant, South Carolina, with Trump`s counterstrike at President Obama. Major, good morning.

END

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