Yes, this Judge seems to agree with Cook that an act of congress is required before the FBI has the power to compel Apple's assistance in this instance.

I suspect your down votes are due to the use of the phrase 'cop out'.

Can you explain why you think him pointing out that he thinks the FBI has stepped out of bounds is a cop out? Isn't that the entire argument?

That's not what I said. I was talking about the "congress should change the law" argument specifically. The FBI order wouldn't suddenly be ok just because congress passed a law but it sure would make it all more convenient for Apple since it would remove their "choice" in the matter and thus sidestepping a protracted legal battle with the government. All of us would be screwed though.

I say this as someone that admire Cook's leadership on this issue but let's not be confused: at the end of the day he doesn't answer to you or me but to Apple's shareholders. I understand he needs to seem reasonable to the average American that may not understand Apple's argument as well as most people on HN but we can't let him sell us out in the process.