The U.K. government’s secret order requiring Apple to create a backdoor to its end-to-end encrypted iCloud storage service has triggered a legal challenge from two civil rights organizations, Liberty and Privacy International. The groups filed complaints on Thursday, deeming the order “unacceptable and disproportionate,” and warning of significant global consequences, as the access request may extend beyond U.K. users.
Privacy International and Liberty, alongside Gus Hosein (executive director of Privacy International) and civil liberties advocate Ben Wizner, have instructed law firm Leigh Day to challenge Home Secretary Yvette Cooper’s decision to serve Apple with a Technical Capability Notice (TCN) under the Investigatory Powers Act (IPA). The existence of this secret order only came to light through press reports last month.
In their press release, the organizations express concern that the TCN could undermine end-to-end encryption, which is crucial for safeguarding privacy and free expression. Apple (icould) has already filed a legal challenge to the TCN, and its appeal will be heard by the Investigatory Powers Tribunal (IPT), the body responsible for overseeing complaints against U.K. intelligence agencies.
The civil rights groups, Hosein, and Wizner are calling for their complaints to be added to Apple’s case and for the hearing to be conducted in public rather than behind closed doors, echoing previous calls from privacy advocacy groups. The IPT hearing is expected to take place today, Friday, March 14.
The U.K. government’s secret order to Apple, which demands the tech giant create a backdoor into its encrypted iCloud storage, has ignited a fierce debate over privacy and security. The controversial move, known as a Technical Capability Notice (TCN), was issued under the Investigatory Powers Act (IPA), a law that gives government authorities sweeping powers to access private data in the name of national security and criminal investigations.
Civil rights groups Liberty and Privacy International are leading the charge against the order, arguing that it poses a direct threat to user privacy. They contend that this backdoor could be misused not just by the U.K. government, but potentially by other regimes, jeopardizing the privacy of millions of people globally. Both organizations have raised concerns that if this measure becomes the new standard, it could set a dangerous precedent, allowing governments to demand similar backdoors in other forms of communication and data storage.
In addition to their legal challenge, Liberty and Privacy International are calling for transparency in the legal proceedings, requesting that the case be heard in public rather than behind closed doors. This transparency is crucial for ensuring that citizens, privacy advocates, and the global tech community are able to scrutinize the government’s actions and hold it accountable.
The two civil rights groups have also expressed concerns that the government’s decision to target Apple — a company with a long-standing reputation for strong privacy practices — could signal a broader attack on tech companies’ ability to protect user data. This would mark a significant shift in the tech industry’s relationship with governments, potentially setting a dangerous precedent for future government requests.
Apple, for its part, has already filed its own legal challenge to the TCN, stressing that creating a backdoor into iCloud would severely undermine the company’s commitment to user privacy and the security of its systems. The company has made it clear that it will vigorously defend its encryption practices, which have become a cornerstone of its security model. Apple has stated that such a backdoor would make all iCloud users more vulnerable to hacking and surveillance, weakening the security of devices and services globally.
As the case unfolds, the implications extend far beyond Apple or the U.K. For privacy advocates, this case represents a critical turning point in the battle to preserve end-to-end encryption as a fundamental right. A ruling against Apple could have ripple effects, with governments around the world possibly seeking similar powers to undermine encryption.
The IPT hearing, which is set to take place today, will be a pivotal moment in the ongoing fight for digital privacy rights. How the tribunal rules will have lasting consequences for the future of encryption and the protection of personal data across the globe. With global tech companies, human rights organizations, and privacy advocates closely watching, the outcome of this case will undoubtedly influence future legal battles surrounding digital privacy.
