Apple Inc. told a federal judge that it "would be impossible" to access user data on a locked iPhone running one of the newer operating systems, but that it could likely help the government unlock an older phone.

In a brief filed late Monday, the company said "in most cases now and in the future" it will be unable to assist the government in unlocking a password-protected iPhone. The brief was filed at the invitation of U.S. Magistrate Judge James Orenstein, who is considering a request from the Justice Department that he order Apple to help government investigators access a seized iPhone.

The company said: In most cases now and in the future, the government’s requested order would be substantially burdensome, as it would be impossible to perform. For devices running iOS 8 or higher, Apple would not have the technical ability to do what the government requests—take possession of a password protected device from the government and extract unencrypted user data from that device for the government. Among the security features in iOS 8 is a feature that prevents anyone without the device’s passcode from accessing the device’s encrypted data. This includes Apple. The brief mirrors Apple's public comments in a debate with law enforcement over phone encryption. In recent weeks, 16 prosecutors sent letters to the Senate Judiciary Committee calling for back doors into devices for law enforcement. However, the iPhone in question is running an older operating system, iOS 7, for which Apple "has the technical ability to extract certain categories of unencrypted data," the company said in the brief. Apple can access some user-generated files in Apple’s native apps on phones running iOS 7 and older operating systems, but it can't extract email, calendar entries or any third-party app data, the brief said. It's unclear why the Justice Department is seeking access to the iPhone. The details of the case remain under seal. Apple said it could likely help the government if the iPhone is in working order, without substantial costs or burden, but the company would prefer not to. "Forcing Apple to extract data in this case, absent clear legal authority to do so, could threaten the trust between Apple and its customers and substantially tarnish the Apple brand," according to the brief, signed by Apple's outside counsel Ken Dreifach Marc Zwillinger and Jeffrey Landis.This reputational harm could have a longer term economic impact beyond the mere cost of performing the single extraction at issue." Judge Orenstein, in an earlier ruling in the case, was doubtful that he had the authority to force Apple to help the government. The Justice Department has said in this case and others that federal judges have such power under the All Writs Act, an 18th-century law.

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