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In brief: UK authorities have had the power to break encryption and access user data since 2016. Recently, Apple was forced to comply with this law and chose to significantly weaken encryption instead, but the battle is far from over.
Apple is taking its fight against the UK government’s attempt to access iCloud user data to the Investigatory Powers Tribunal, an independent judicial body that reviews complaints against national security services. According to unnamed sources cited by the Financial Times, Apple’s legal challenge is the first of its kind and could serve as a key test case for the Investigatory Powers Act, which was enacted nine years ago.
The IPT could hear the case as early as this month, the sources said, though a public hearing remains uncertain. Apple is seeking a full reversal of the government’s demand to install a backdoor in the iCloud platform, while UK authorities may ask the court to limit public disclosure due to national security or other classified concerns.
The case is so secretive that Apple cannot discuss it publicly. The company received a technical capability notice (TCN) under the IPA in January, requiring it to bypass or weaken the Advanced Data Protection feature available to iCloud users. Apple has reportedly resisted such notices from UK authorities since ADP’s introduction in 2022 but was ultimately forced to disable the additional encryption layer altogether.
Cupertino is resisting the UK government’s push for unrestricted access to iCloud, arguing that the platform stores data from users not only in the UK but worldwide. Meanwhile, British officials claim Apple has failed to comply with the technical capability notice order. The Home Office insists the government’s goal is simply to protect citizens from the “worst crimes,” including child exploitation and terrorism.
Ironically, a government spokesperson also stated that the Home Office aims to safeguard people’s privacy – while seeking access to the iCloud data of hundreds of millions of users across the globe. Last month, Apple reiterated that it has no plans to create a “master key” or backdoor for iCloud, despite pressure from UK authorities.
According to the Financial Times, Apple’s appeal to the Investigatory Powers Tribunal is unprecedented in the UK legal system. If the IPT rules against the company, Apple could escalate the case to a higher court in the future.
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