Apple will challenge a clandestine UK government order that calls on developing a backdoor into its iCloud service, allowing law enforcement bodies to access encrypted information. The Home Office issued the order, which has sparked serious privacy and security concerns globally. The appeal will be heard in a closed hearing at London’s High Court, with rights groups calling for transparency.
The government’s request for a backdoor to the encrypted information of iCloud is just one such movement towards expanding the surveillance ability of the government. The government justifies that access, in the case of serious crimes or threats to national security, is required in order to acquire needed information and save others from harm. This action has also been condemned for undermining the security of millions of users worldwide by opening the door for malicious attacks.
Apple has firmly opposed the creation of a backdoor, invoking its commitment to user security and privacy. In response to the UK’s demand, Apple withdrew its Advanced Data Protection (ADP) feature from the UK market. ADP allows users to save data with end-to-end encryption, meaning that only the user can see it, not even Apple itself. Despite this withdrawal, Apple’s messaging services like iMessage and FaceTime remain end-to-end encrypted by default.
The court action against the UK government directive is being contemplated by the Investigatory Powers Tribunal (IPT), an unbiased judicial body that administers complaints relating to UK intelligence. The IPT will typically conduct sensitive cases, typically in confidence, due to issues of national security. However, human rights groups such as Privacy International, Big Brother Watch, Index on Censorship, and the Open Rights Group are urging that the hearing be held in public. They argue that the case has public interest implications, both for British citizens but for Apple’s global users as well.
The UK’s request has also caught the attention of U.S. politicians. Two U.S. politicians wrote to the U.S. national director of intelligence, Tulsi Gabbard, that they fear the UK’s order would compromise the privacy of U.S. citizens. Gabbard asserted that several U.S. intelligence agencies are looking into the situation.
The UK Investigatory Powers Act allows the government to issue Technical Capability Notices (TCNs) to companies, compelling them to assist in surveillance. TCNs typically have gag clauses that prevent companies from even discussing the fact that the notices exist. This secrecy has driven the tensions between governments and tech companies, weighing users’ privacy interests against national security requirements.
As the appeal plays out, the outcome will be of great consequence to data privacy and security. If the UK succeeds in compelling Apple to create a backdoor, it could open the door for other governments to request the same, potentially undermining global levels of privacy. Alternatively, if Apple succeeds in its appeal, it would reinforce the necessity of maintaining robust encryption and user privacy protections in the contemporary digital age.
