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I think you are confused how technology works... The data they want is on the phone.... the FBI has the phone, there is nothing for them to hand over.

Bitter Clinger wrote:
As long as your drawbridge was not owned by the city you lived in and used during the committment of capital murder by terrorists who are NOT ISIS affiliated, you seem to have a clear cut infallible argument.

They own the phone, which is the physical hardware - not the IOS software, that is licenced. Apple isn't trying to keep them from hacking the phone, they just aren't hacking it for the FBI (or building a special backdoor for "government use only").