More embarrassment for the UK government, after it emerged that an appeal hearing against its ‘backdoor’ order to Apple is to be held behind closed doors on Friday.
The Guardian reported that the secret hearing is to be held on the afternoon of Friday 14 March, before Lord Justice Rabinder Singh and Mr Justice Johnson at London’s High Court.
The hearing is so secret, that the Investigatory Powers Tribunal listing does not mention either Apple or the government, nor has the tribunal confirmed if they are the parties involved.
The Investigatory Powers Tribunal deals with complaints about the “unlawful intrusion” of UK intelligence services and authorities.
Government overeach?
Last month UK security officials had issued a Technical Capability Notice (TCN) that effectively ordered Apple to create a backdoor that would allow them to retrieve the encrypted content of any Apple user worldwide that has been uploaded to its iCloud service.
This British request immediately triggered privacy and security concerns, and two US lawmakers, wrote to US national intelligence director Tulsi Gabbard, asking her to demand the UK retracts its order.
Tulsi Gabbard had not been told of the UK order beforehand, but she confirmed the UK’s request is now being investigated by multiple US intelligence agencies.
The UK order was particularly controversial as it would have required Apple to provide access to iCloud data from users globally, without their governments’ knowledge.
Additionally, the UK order makes it illegal for companies to disclose the existence of such government demands.
As a result of the UK request, Apple withdrew its Advanced Data Protection iCloud feature from the United Kingdom.
ADP allows users with iCloud accounts and storage to secure photos, notes, voice memos and other data with end-to-end encryption, meaning only the user can access it.
It should be noted that Apple’s messaging services such as iMessage and FaceTime will remain end-to-end encrypted by default.
Apple also appealed the government’s order, and the hearing will take place on Friday afternoon behind closed doors.
MPs demand
Meanwhile Sky News has reported that a number of UK MPs, including veteran civil rights campaigner and Tory MP, Sir David Davies, have demanded the secret hearing be held in public.
“If the Home Office wants to have effectively unfettered access to the private data of the (innocent) general public, they should explain their case in front of the public,” Sir David told Sky News.
Also speaking to Sky News, Liberal Democrat technology spokesperson Victoria Collins said: “The move by the government endangers people here in the UK and sets a dangerous precedent for authoritarian regimes across the globe.”
Reform UK chief whip Lee Anderson told Sky News: “If the government wishes to pry on its people, they can make that claim in public. This now puts the security and privacy of the British people at risk.”
Snoopers Charter
The UK government demand for backdoor access came after it had issued Apple with a “Technical Capability Notice” that requires blanket access, rather than just assistance to access a specific account.
A TCN comes under the sweeping UK Investigatory Powers Act of 2016 (otherwise known as the “Snoopers’ Charter”), which authorises UK law enforcement to compel assistance from companies when needed to collect evidence.
A TCN requires Apple to create a backdoor that would allow British security officials to access encrypted iCloud data globally.
Apple and many other tech firms had been vocal critics of the Investigatory Powers Act when it was being debated in 2015 – warning it could force companies to install encryption backdoors and weaken user security.
In January 2024 Apple had also publicly warned that upcoming changes being considered for the Investigatory Powers Act of 2016 could effectively give the UK government the means to “secretly veto” new security protections worldwide.