Apple’s UK encryption court battle held in secret

The tribunal’s secrecy has drawn criticism, including from US lawmakers

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Apple’s UK encryption court battle held in secret. Source: Wikimedia, Creative Commons 4.0

A legal dispute between Apple and the UK government over access to encrypted user data was heard behind closed doors on Friday, after media organisations were reportedly denied entry to the proceedings.

The US technology giant is appealing to the Investigatory Powers Tribunal against a government order requiring access to encrypted data stored in Apple’s cloud services. The Home Office has issued a technology capability notice (TCN) under the Investigatory Powers Act, compelling companies to assist law enforcement by providing access to certain data.

A coalition of UK media outlets, including The Guardian, the BBC, the Financial Times and Computer Weekly, had submitted a request to attend the hearing at the Royal Courts of Justice on public interest grounds. However, their bid for access was unsuccessful, according to The Guardian.

The case revolves around Apple’s Advanced Data Protection (ADP) service, which provides end-to-end encryption for data stored remotely on its servers. Apple has refused to comply with the notice and has subsequently withdrawn ADP from the UK, citing its longstanding commitment to encryption and user privacy. The company stated: “We have never built a backdoor or master key to any of our products or services and we never will.”

End-to-end encryption ensures that only the account holder can decrypt stored data. While iMessage and FaceTime remain encrypted by default, the Home Office’s order seeks access to cloud-stored data under the justification of tackling serious crimes, including terrorism and child sexual abuse.

Secrecy and international pressure

Under UK law, recipients of a TCN are prohibited from disclosing its existence unless authorised by the Home Secretary. The Investigatory Powers Tribunal states that hearings should only be held in private when “strictly necessary,” though its rules also mandate the protection of national security information.

The tribunal’s secrecy has drawn criticism, including from a bipartisan group of US lawmakers, who on Thursday urged the tribunal to make the hearing and subsequent proceedings public. Meanwhile, Bloomberg has reported that British officials have engaged in discussions with their US counterparts, assuring them that the UK is not seeking unrestricted access but only information relevant to serious criminal investigations.