First of all this isn't about brute forcing passcode attempts, it is about bypassing the passcode altogether. If the phone is open and can be made to automatica

First of all this isn't about brute forcing passcode attempts, it is about bypassing the passcode altogether. If the phone is open and can be made to automatically download and install a software upgrade, then this is possible, even if the storage is encrypted. Also, given that Apple is the phone maker, they can of course be coerced to produce phones with this capability, whether they want it or not. There is is no "ideally" ;-)