Quick Intro: The FBI and Apple (AAPL) - Get Reporthad been locked in battle, with the federal agency demanding the tech giant help it hack into an iPhone used by one of the alleged San Bernardino shooters. Apple refused, willing to go all the way to court. Before it got that far, the FBI asserted it had found a third party to unlock the device. 

Well, it now appears the FBI can only go so far. FBI Director Comey said the G-Men or their associates can't hack into any device newer than the iPhone 5.

If you're in the FBI's camp and think Apple should be forced to unlock the iPhone, the good news is the FBI doesn't necessarily need Apple's cooperation. The bad news is not many people are still using an Apple device that's older than the iPhone 5s. 

"We have a tool that works on a narrow slice of phones," Comey said

Shares of Apple closed at $108.54 Thursday, down 2.2%. 

Continuing with this issue, the Obama Administration said will not get behind legislation that would give judges the final say in encryption battles. 

The proposal calls for judges to have the power to force tech companies, such as Apple or Facebook (FB) - Get Report , to help law enforcement agencies such as the FBI when they need access to conversations or devices. There's been little precedent for how these things are supposed to go -- tech companies continue to make their users' data tougher and tougher for law enforcement (or anyone else) to crack. 

Just the other day, Facebook's WhatsApp platform announced that it has achieved 100% end-to-end encryption. 

Maybe it's just a gut feeling, but it doesn't seem like this is going to be a black-and-white situation; there's a lot of gray area here. The White House doesn't want to publicly endorse the legislation because it doesn't feel that it will make much headway during an election year. 

There are also a lot of people who believe users have the right to their privacy -- imagine that.

Facebook closed at $113.64 Thursday, down a fraction of a percentage point. 

Amazon (AMZN) - Get Report continues to win, win, win. Now, it's looking to pick off Macy's (M) - Get Report as the top apparel seller by 2017, according to Cowen & Company

Typically boasting reduced prices to attract customers, Amazon is actually doing the opposite to attract sellers. Kate Spade, Calvin Klein and Levi Strauss are just a few of the brands working with Amazon. 

Like just about everything else, shopping on Amazon is easy for its customers. As a result, more and more people are turning to the online retail king to find what they're seeking. 

However, there are some companies not willing to play ball just yet, most notably luxury goods companies as well as Nike (NKE) - Get Report . The lack of an endorsement from the athletic apparel maker may not be all that surprising, given how well the company already does with its e-commerce efforts. 

Many retailers don't like Amazon's notoriety for low prices and are hesitant to work with the company. But that's never stopped Amazon before and it's not going to now. The company has made several acquisitions of online apparel companies, most notably Zappos, while also holding online fashion shows and even built a photography studio in New York to shoot its apparel. 

Considering how many shoppers like to try on clothes and outfits before they buy, there's no telling how well this will work for Amazon. But if it's like anything else, it probably will do just fine. Watch out, retail. 

Shares of Amazon closed at $591.43 on Thursday, down 1.8%. 

This article is commentary by an independent contributor. At the time of publication, the author held no positions in the stocks mentioned.