The UK government’s secret order to Apple to open up access to an end-to-end encrypted version of its iCloud data storage service has been challenged by two human rights organizations, Liberty and Privacy International, which filed complaints on Thursday. They called the order “unacceptable and disproportionate” and warned of “global implications” as the access order is believed to apply to users outside the UK.
They, along with two others – Privacy International executive director Gus Hossein and civil liberties advocate Ben Wisner – have instructed the law firm Leigh Day to challenge the Home Secretary’s decision.
Yvette Cooper to send Apple a so-called “Technical Capability Notice” (TCN) under the Investigatory Powers Act (IPA). The existence of the secret order became known only from press reports last month.
“Privacy International and Liberty fear that this TCN, or similar TCNs in the future, could be used to undermine end-to-end encryption necessary to protect privacy and freedom of expression,” they wrote in a press release.
Apple has already challenged the TCN’s decision in court – and its appeal is due to be heard by the Investigatory Powers Tribunal (IPT), the body that oversees complaints against British intelligence agencies. Both human rights groups, Hossain and Wiesner, claim to be direct victims of the government’s decision on TCN and ask that their complaints be joined with Apple’s.
They also call for a public hearing, rather than a closed-door hearing, joining previous calls by privacy rights groups. The IPT hearing is scheduled for today, Friday, March 14.