Watch Apple and the FBI face-off in Congress [Updated]

Lawmakers took up the issue of smartphone encryption a day after Apple notched a win in NY, where a USA magistrate judge denied the governments bid to force the company to help it gain access to another iPhone, one that belonged to a drug dealer.

More specifically, he ruled that the USA government failed to establish it had the authority to get the order issued through the All Writs Act.

Both Sewell and Comey said that the debate should to continue in good faith.

The fight between Apple and the Federal Bureau of Investigation changed venues, out of the courtroom, and into the U.S. Congress. He included his doubts on whether the statute would be considered constitutional if adopted.

Apple doubted that law enforcement, if successful in its order, would stop at the San Bernardino case. That has set off a sweeping open deliberation over protection and security.

The ruling comes a day before Apple's general counsel, Bruce Sewell, is scheduled to appear before the House Judiciary Committee. "It demonstrates that when the government's arguments are put to the test, a federal court has decided they were not actually right".

iPhone " We are seeing more and more cases where we believe significant evidence resides on a phone, a tablet, or a laptop - evidence that may be the difference between an offender being convicted or acquitted", Comey said.

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 Bernardino case. Apple's lawyers, in court papers filed Tuesday, formally objected to Pym's order, a procedural move meant to ensure an appeal.

The Judge James Orenstein in New York's Eastern District is the first occasion when that the administration's lawful contention for opening up gadgets such as the iPhone has been put under a magnifying glass. The judge asked Apple to weigh in, and the company filed a brief that same month.

A spokesperson for Apple did not immediately respond to a request for comment.

A slew of tech companies are expected to line up in support of Apple.

The agency sought Apple's help.

This all stems from the FBI's original request that Apple weaken the password protection systems on the iPhone belonging to the San Bernardino attacker from previous year.

Vance's office has drafted legislation it wants Congress to enact that would go beyond the single court case and require companies like Apple to ensure that their devices could be accessed in unencrypted form.

"All you've been saying is no, no, no, no", Sensenbrenner said.