Nate Raymond, writing for Reuters:

Apple Inc told a U.S. judge that accessing data stored on a locked iPhone would be “impossible” with devices using its latest operating system, but the company has the “technical ability” to help law enforcement unlock older phones.

Apple’s position was laid out in a brief filed late Monday, after a federal magistrate judge in Brooklyn, New York, sought its input as he weighed a U.S. Justice Department request to force the company to help authorities access a seized iPhone during an investigation.

In court papers, Apple said that for the 90 percent of its devices running iOS 8 or higher, granting the Justice Department’s request “would be impossible to perform” after it strengthened encryption methods.

And:

Apple told U.S. Magistrate Judge James Orenstein it could access the 10 percent of its devices that continue to use older systems, including the one at issue in the case. But it urged the judge to not require it to comply with the Justice Department’s request.

“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,” Apple’s lawyers wrote.

Also at stake is a precedent that would be set if the judge forces Apple to turn over this information on an older phone. A wedge in the crease that might be used to pressure Apple to change the current encryption policy.