US lawmakers warn that the “special relationship” is being undermined by the “cloak of secrecy” surrounding Yvette Cooper’s order for Apple to install an iPhone backdoor, which “infringes on free speech and privacy”.
Five members of Congress have written to Lord Justice Singh, president of the Investigatory Powers Tribunal (IPT), urging British officials to lift a gagging order ahead of Apple’s legal challenge.
On Friday, Apple will appeal against a Technical Capability Notice issued by the Home Secretary, which demands the company disable its Advanced Data Protection (ADP) feature – an encryption safeguard for iPhone backups.
The Telegraph has the story:
The IPT hearing is scheduled to be held in secret, and the tribunal has not acknowledged that it relates to Apple.
Disclosing back-door orders is illegal under UK surveillance laws. The existence of the Home Office order and Apple’s appeal has only emerged through media reports and the company’s own decision to remove ADP for British users.
The letter, signed by Democrat senators Ron Wyden and Alex Padilla along with House of Representatives members Zoe Lofgren, a Democrat, and Republicans Andy Biggs and Warren Davidson, urges the judge to “apply the principles of open justice” to Friday’s hearing.
“We write to request the IPT remove the cloak of secrecy related to notices given to American technology companies by the United Kingdom, which infringes on free speech and privacy, undermines important United States Congress and UK parliamentary oversight, harms national security, and ultimately, undermines the special relationship between the United States and the United Kingdom,” it reads.
“The existence of the technical capabilities notice has been widely reported and commented on, making any argument for a closed hearing on this very existence unsustainable.”
The letter said Britain was “violating the free speech rights of US companies” by preventing them from disclosing the existence of back-door orders.
“The UK’s attempted gag has already restricted US companies from engaging in speech that is constitutionally protected under US law,” it said.
“We urge you to permit US companies to discuss the technical demands they have received from the UK under the Investigatory Powers Act with Congress”
Ms Cooper’s order, issued in January, has led to escalating criticism from US politicians. Donald Trump has compared the order to “something that you hear about with China”. His national intelligence director Tulsi Gabbard has called the order “egregious” and vowed to investigate whether it is legal under US-UK data treaties.
Worth reading in full.
