US Legislators Demand Transparency in Apple's UK Backdoor Court Fight

A bipartisan group of five US lawmakers has called for full transparency in the ongoing legal battle between tech giant Apple and the UK government over law enforcement access to encrypted data. In a March 13 letter, the group requested the Investigatory Powers Tribunal (IPT), part of the UK's Home Office, to remove the cloak of secrecy related to notices given to American technology companies by the UK.

The five US legislators, consisting of Sen. Ron Wyden (D-OR), Sen. Alex Padilla (D-CA), Rep. Zoe Lofgren (D-CA), Rep. Andy Biggs (R-AZ) and Rep. Warren Davidson (R-OH), expressed concerns over a reported technical capability notice sent to Apple by the UK Home Secretary in February. The notice requested the American tech giant grant the British government access to end-to-end encrypted (E2EE) data stored in its iCloud service.

The group argued that the request, which cannot be publicized by law, threatens the security of US technology companies and undermines important Congressional oversight on the security of US products against foreign surveillance. They also emphasized the importance of transparency in this legal case, citing recent high-profile hacks, including the 2024 Salt Typhoon incident where China reportedly tapped the phone calls of senior officials.

“The existence of the technical capabilities notice has been widely reported and discussed, making any argument for a closed hearing on this very existence unsustainable,” the authors wrote. The legislators believe more transparency in this legal case is necessary to prevent a serious vulnerability for cyber exploitation by adversarial actors.

The Controversy Over UK's Alleged Demand

The technical capability notice, which was not made public due to the Investigatory Powers Act (IPA) of 2016, directed Apple to weaken the security of its iCloud backup service to facilitate spying by the UK government. The group of US legislators said this request infringes on free speech and privacy, undermines important US Congressional oversight, harms national security, and ultimately undermines the special relationship between the US and the UK.

Tulsi Gabbard, the US Director of National Intelligence, had stated that the UK's alleged demand would constitute “a clear and egregious violation of Americans' privacy and civil liberties.” The legislators also noted that President Trump had publicly confirmed raising the issue with Prime Minister Starmer during his recent visit to Washington, drawing a comparison between the UK's actions and the conduct of China.

Calls for Public Hearings in UK vs. Apple Battle

The five US legislators requested that the IPT open all subsequent Apple hearings on this matter to the public. “The existence of the technical capabilities notice has been widely reported and discussed, making any argument for a closed hearing on this very existence unsustainable,” the authors wrote.

Similar debates are unfolding in France and Sweden as legislators consider bills that could impose government backdoor requirements on tech companies, further intensifying the widespread tension between technological privacy and national security. A group of digital advocacy NGOs, including Open Rights Group, Big Brother Watch and Index on Censorship, published an open letter with a similar request on March 13.

The Significance of Transparency in This Legal Case

The US legislators emphasized the importance of transparency in this legal case, citing concerns over the impact on free speech and privacy. They also highlighted the need for Congressional oversight to ensure that technology companies' products are secure against foreign surveillance.

“We urge the IPT to shed light on the nature of these technical capabilities notices, which are central to our national security and civil liberties,” the authors wrote. The legislators believe more transparency in this legal case is necessary to prevent a serious vulnerability for cyber exploitation by adversarial actors.