Apple takes legal action against the UK government over encryption backdoor
Apple has taken legal action against the UK government, filing a complaint with the Investigatory Powers Tribunal (IPT) to contest an order requiring the company to weaken its encryption on iCloud data. This marks the first case of its kind before the IPT, which handles complaints against potential overreach by public authorities and intelligence services.
A little background
The dispute centers on the UK’s Investigatory Powers Act (IPA), often referred to as the "Snooper’s Charter," which gives the government broad surveillance powers. In January, the Home Office issued Apple a Technical Capability Notice (TCN), mandating that the company create a backdoor in its iCloud encryption to allow law enforcement access to user data.
While the Home Office has neither confirmed nor denied the existence of the TCN, it is understood that the order lacked specific technical instructions, instead demanding a generalized backdoor into iCloud.
Apple’s response
In a move to appease the government without fully complying with the TCN, Apple disabled its Advanced Data Protection (ADP) feature for UK users in February. This move effectively removed end-to-end encryption (E2EE) for iCloud backups, leaving stored data—such as photos, notes, and other backups—accessible to British authorities with a court-approved warrant. iMessages and health data remain encrypted.
In a statement, Apple expressed disappointment over the decision while reiterating its stance against building backdoors into its products.
"We are gravely disappointed that the protections provided by ADP will not be available to our customers in the UK given the continuing rise of data breaches and other threats to customer privacy. As we have said many times before, we have never built a backdoor or master key to any of our products or services, and we never will."
The big dilemma: National security vs privacy
The UK government argues that encryption must be bypassed in "exceptional cases" to combat terrorism and child exploitation. Security Minister Dan Jarvis defended the policy in Parliament, stating that requests under the IPA are made only when "necessary and proportionate."
However, privacy advocates, including Big Brother Watch, have called the Home Office's actions "outrageous" and "draconian." Critics fear that forcing companies like Apple to weaken encryption will drive secure communication technologies underground, making them accessible only to criminals.
Apple’s legal battle has also caught the attention of US officials with President Trump likening the UK’s stance to China’s state surveillance practices.
Additionally, US Director of National Intelligence Tulsi Gabbard has ordered a legal review of the UK’s actions, warning that the TCN could violate the US-UK Cloud Act Agreement by potentially allowing UK authorities access to American citizens' data.
What next
The Investigatory Powers Tribunal (IPT), an independent judicial body, will now review Apple's complaint, setting the stage for a critical legal battle that could have far-reaching implications for digital privacy and government surveillance.
