Apple scores iPhone legal victory that may help in FBI fight - CNET

For all the fighting between Apple and the FBI over a terrorist shooter in San Beardino, Califoia, it may be the case of an accused drug dealer that helps resolves the escalating battle between personal privacy and national security.

A judge for the U.S. District Court in New York on Monday ruled that the US had no right to use a 227-year old law called the All Writs Act to compel Apple to unlock a specific device, and denied its motion. The govement's demand, which was filed in October, is separate from the high-profile fight between Apple and the FBI over the contents of the iPhone 5C used by one of the terrorists in a December shooting in San Beardino, Califoia.

But while this may be a different case, the ruling may set a precedent strengthening Apple's argument that it doesn't have to cooperate with a Feb. 16 court order and hack into the terrorist's iPhone. Apple argues that the FBI's demand for a new version of its iPhone mobile operating software will create a "back door" into every iPhone and leave customers vulnerable to hackers.

Govement authorities argue that access to the information is critical to ensuring our national security and preventing attacks like December's San Beardino shooting, which left 14 people dead and 20 wounded.

A senior Apple executive, speaking on a conference call with reporters on Monday, said the decision may set a precedent that sways the judge in the San Beardino case. The ruling in New York by Magistrate James Orenstein bolsters its argument that use of the All Writs Act to compel it to write a version of its iOS software that doesn't exist today is unconstitutional, Apple said.