The FBI has successfully accessed data on an iPhone that has been the subject of a legal battle between the Justice Department and Apple, according to a court filing.

EFF is pleased that the Justice Department has retreated from its dangerous and unconstitutional attempt to force Apple to subvert the security of its iOS operating system. However, we are still calling on President Obama not to undermine security and encryption, and you can add your voice to the chorus.

In addition, this new method of accessing the phone raises questions about the government’s apparent use of security vulnerabilities in iOS and whether it will inform Apple about these vulnerabilities. As a panel of experts hand-picked by the White House recognized, any decision to withhold a security vulnerability for intelligence or law enforcement purposes leaves ordinary users at risk from malicious third parties who also may use the vulnerability. Thanks to a lawsuit by EFF, the government has released its official policy for determining when to disclose security vulnerabilities, the Vulnerabilities Equities Process (VEP).

If the FBI used a vulnerability to get into the iPhone in the San Bernardino case, the VEP must apply, meaning that there should be a very strong bias in favor of informing Apple of the vulnerability. That would allow Apple to fix the flaw and protect the security of all its users. We look forward to seeing more transparency on this issue as well.