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Judge Andrew Napolitano appeared on "Shepard Smith Reporting" this afternoon to explain how Apple just scored a major legal victory in their standoff with the FBI.

Apple has refused to follow a federal court order to help the agency hack into one of the San Bernardino terrorists' phones, claiming that creating a "key" around their encryption technology would make all Apple users' devices vulnerable to hackers.

Judge Napolitano explained that yesterday a federal judge in New York ruled that Apple didn't have to help the government access a suspect's device in a similar but unrelated drug case.

He said that although this ruling in New York does not determine what might happen in the case in California, it does establish a precedent.

Judge Napolitano said that the government's argument is that the San Bernardino terrorists are dead, so they have no privacy rights. He said Apple's position, on the other hand, is that the FBI cannot force them to work on behalf of the government and create anti-encryption technology that does not currently exist.

"In my view, the decision was properly decided yesterday," Judge Napolitano said. "The FBI can hire Apple engineers away, it can hire the brightest minds it wants, but it can't force Apple to work for it."

He added that if the California judge rules differently than the New York judge, then it increases the likelihood that this will end up being decided by the Supreme Court.

Watch more above.


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