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US officials probing whether UK broke data treaty with Apple encryption demands


What just happened? The United States’ relationship with the UK could come under further strain following news that US officials are investigating whether its ally broke a data treaty by demanding that Apple build a backdoor into iCloud.

Last week, Apple removed its Advanced Data Protection feature for UK users. The extra layer of security encrypted synced iCloud content such as photos, notes, reminders, bookmarks, and iCloud backups so that only users could access it on trusted devices. Even Apple cannot decrypt customer accounts to access their data.

The move came after Apple spent months denying the UK government’s requests for the company to create a backdoor allowing agencies to snoop on users’ encrypted data. The UK Home Office issued the technical capability notice under the Investigatory Powers Act of 2016, commonly referred to as the “Snoopers’ Charter.”

Rather than complying, which would have had global implications regarding its security standards, Apple simply removed the Advanced Data Protection option for new UK users – existing ADP users will have to disable the feature manually during a grace period.

Now, Reuters reports that in a letter to two US lawmakers, Tulsi Gabbard, the US director of national intelligence, said the US is examining whether the UK government had violated the Cloud Act.

The Act states that the UK may not issue demands for data of US citizens, nationals, or lawful permanent residents, nor may it demand data from persons located inside the United States.

In the letter, addressed to Oregon Democrat Ron Wyden, and Arizona Republican Rep. Andy Biggs, Gabbard wrote, “My lawyers are working to provide a legal opinion on the implications of the reported U.K. demands against Apple on the bilateral Cloud Act agreement.”

Apple has long fought against demands from law enforcement and governments if it feels that they threaten the security of Apple products.

In 2023, Apple threatened to withdraw FaceTime and iMessage from the UK in response to a proposed change that would require it and other messaging services to clear new security features, including iOS updates, with the UK government before they are rolled out.

The most famous instance came in 2016, when a judge ordered Apple to help the FBI access the locked iPhone that was owned by Syed Rizwan Farook, one of the San Bernardino shooters. Tim Cook refused, stating that building a version of iOS that bypasses several important security features to access the handset would undeniably create a backdoor.

“If the government can use the All Writs Act to make it easier to unlock your iPhone, it would have the power to reach into anyone’s device to capture their data,” Cook wrote at the time. “The government could extend this breach of privacy and demand that Apple build surveillance software to intercept your messages, access your health records or financial data, track your location, or even access your phone’s microphone or camera without your knowledge.”





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