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Reese Morgan
A group of bipartisan US lawmakers is urging the head of the UK's surveillance court to hold an open hearing into Apple's anticipated challenge of an alleged secret UK government legal demand. In a letter to the president of the UK's Investigatory Powers Tribunal (IPT), the lawmakers argue that it is "in the public interest" that any hearings about the alleged order are not held in secret.
The lawmakers, led by US Senator Ron Wyden, claim that the alleged UK order has barred California-based Apple from engaging in speech that is "constitutionally protected" under US law, and impedes their ability to conduct congressional oversight. This move comes after The Washington Post revealed in February that the UK government had secretly ordered Apple to create a "backdoor," allowing UK authorities to access the cloud-stored data of any Apple customer worldwide.
Apple, which is legally barred from disclosing or commenting on the so-called "technical capabilities," reportedly refused to comply with the backdoor order and instead pulled its Advanced Data Protection iCloud data-encryption feature from UK customers. The UK's Investigatory Powers Tribunal is scheduled to hear a private petition on Friday, which reportedly relates to Apple, according to Wyden's letter.
Apple did not comment on the matter when reached by TechCrunch on Friday. The UK government has also declined to comment on operational matters, including "confirming or denying the existence of any such notices," according to a spokesperson. It remains unclear how many companies have received a technical demand from the UK government.
Google has also been drawn into the controversy, with the company telling Senator Wyden's office that, if it had received a technical capabilities notice, it would be prohibited from disclosing that fact. Two civil rights groups, Liberty and Privacy International, are also challenging the UK government's backdoor order via legal submission to the IPT, calling for the oversight body's hearing into Apple's appeal to be held in public.
The lawmakers' push for transparency in this case highlights the ongoing tensions between technology companies and governments over data privacy and surveillance. As the UK government continues to grapple with the implications of its surveillance powers, the outcome of this case could have significant implications for the tech industry and users' rights to privacy.
The call for a public hearing also underscores the importance of accountability and oversight in the use of surveillance powers. By pushing for transparency, the lawmakers are seeking to ensure that the UK government's actions are subject to scrutiny and that the rights of citizens are protected. As the case unfolds, it will be important to monitor developments and their potential impact on the tech industry and beyond.
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