I'm not sure how that would change things. If the phone in question had been a BlackBerry, wouldn't the FBI be making the same demands of that company?
Also, RIM actually folds to these types of requests.
"RIM's carefully worded statements about BlackBerry security are designed to make their customers feel better, while giving the company ample room to screw them" - Bruce Schneier
> The U.A.E. wanted RIM to locate servers in the country, where it had legal jurisdiction over them; RIM had offered access to the data of 3,000 clients instead, the person said.
If it has the access to offer then it seems to support the point.
Particularly:
> RIM respects both the regulatory requirements of government and the security and privacy needs of corporations and consumers. While RIM does not disclose confidential regulatory discussions that take place with any government, RIM assures its customers that it is committed to continue delivering highly secure and innovative products that satisfy the needs of both customers and governments.
What happens when those needs are diametrically opposed?
Well, this article seemed to suggest the FBI might know of vulnerabilities in the iPhone, which would presumably not be on the BlackBerry. Although the BlackBerry could conceivably have its own vulnerabilities too.