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Apple is once again taking the UK government to court over its efforts to access encrypted user data, arguing that it will never build a "backdoor" into its products. Not even for law enforcement.[1]
The tech giant confirmed it has filed a fresh legal challenge against a new UK government order seeking access to encrypted iCloud backups belonging to British users. The case will be heard by the UK's Investigatory Powers Tribunal, which oversees complaints involving the country's surveillance powers.
The dispute centers on Apple's Advanced Data Protection (ADP) feature, which extends end-to-end encryption to iCloud backups, Photos, Notes, and other cloud data. With ADP enabled, even Apple cannot access a user's stored information because it does not possess the encryption keys.
After receiving the UK government's original notice, Apple stopped offering Advanced Data Protection to new users in the country.
In a statement published on its support website, the company said it was "gravely disappointed" by the move and reiterated its longstanding position on encryption.[2]
Why is the UK asking for access?
Don’t trust a "backdoor"
What Apple users should know
Tim Cook has long opposed encryption "backdoors"
The company's latest legal fight echoes a position CEO Tim Cook has defended for nearly a decade. During Apple's 2016 legal battle with the FBI over access to an iPhone used by one of the San Bernardino shooters, Cook warned that creating software capable of bypassing Apple's security protections would set a dangerous precedent.
In an open letter to customers, Cook wrote that the U.S. government's request would require Apple to create software that "threatens the security of our customers" and could undermine the privacy of millions of users.
Cook has also consistently argued that privacy and public safety are not mutually exclusive.
In a 2015 interview with CBS' 60 Minutes, he said, "We're America. We should have both," rejecting the idea that governments must choose between strong encryption and effective law enforcement.
Why is the UK asking for access?
The latest challenge stems from the UK's Investigatory Powers Act, which allows authorities to issue what's known as a Technical Capability Notice (TCN) requiring technology companies to maintain the ability to assist law enforcement during investigations.
Apple is challenging a new TCN that reportedly requires the company to provide access to encrypted iCloud backups belonging to UK users. The notice follows an earlier, broader demand that reportedly would have affected Apple users worldwide before being narrowed to British users.
The UK government says the powers are intended to balance privacy with public safety.
In a statement to Financial Times, an unnamed government spokesperson said, "The UK supports strong encryption and robust privacy protections, but it is also vital that law enforcement can access communications when necessary and proportionate to protect the public from terrorism, serious crime, and child sexual abuse."
The spokesperson added that the government would not comment on the legal proceedings or confirm whether any specific Technical Capability Notice had been issued.
Don’t trust a "backdoor"
While the latest dispute centers on British users, privacy advocates argue the outcome could shape how governments around the world approach encrypted data.
According to Financial Times, Privacy International welcomed Apple's latest complaint.
"We are happy to learn that Apple is once again challenging the UK's regime of secret orders," the organization said, adding that the parallel legal challenges are "crucially important to preserving all of our privacy and security."
For consumers, the case goes beyond a dispute between Apple and the UK government. Requiring companies to create a way for authorities to access encrypted data could weaken the security protections that help shield everyday users from hackers, cybercriminals, and other unauthorized access.
What Apple users should know
For most Apple users outside the UK, nothing changes today. Advanced Data Protection remains available in countries where Apple continues to offer the feature.
In the UK, however, Apple stopped allowing new users to enable the feature after receiving the government's notice. Encryption for services such as iMessage, FaceTime, passwords stored in iCloud Keychain and Health data still remains enabled by default.
[1] Apple launches new legal challenge to UK attempt to access encrypted user data, FT reports
[2] Apple can no longer offer Advanced Data Protection in the United Kingdom to new users