This week, a secret tribunal is set to convene at London’s High Court to consider Apple’s appeal against a controversial Home Office order. That order demands Apple compromise the encryption protecting customer data on its iCloud service worldwide.
The Investigatory Powers Tribunal (IPT), which typically handles matters of national security, has unusually announced a closed-door hearing for March 14. This follows leaks indicating Apple planned to contest the order. Various press and civil society groups are preparing to urge the Tribunal to open the hearings, citing strong public interest due to the widespread leaks about the government’s directive.
Home Secretary Yvette Cooper issued a Technical Capability Notice that requires Apple to provide UK law enforcement with “backdoor” access to encrypted customer data on iCloud. This has sparked friction between the UK and the US. US lawmakers, including Tulsi Gabbard, a top intelligence advisor under President Trump, have warned that such an order could jeopardize American privacy—calling it a “clear and egregious violation.”
In response to the UK government’s demand, Apple suspended its Advanced Data Protection (ADP) service in the UK, which allowed users to store data with end-to-end encryption. This withdrawal leaves users in the UK more vulnerable to cyber threats, as they can no longer confidently encrypt their personal data on iCloud, while the service remains accessible globally.
Lord Justice Rabinder Singh and Mr. Justice Jeremy Johnson of the IPT are prepared to hear this case on March 14, which will take place behind closed doors at the High Court, the sole venue in central London designated for national security cases.
Recent leaks about the secret order complicate the Home Office’s ability to deny or confirm its actions against Apple. Privacy International, known for challenging government agencies, insists these hearings should be public. Caroline Wilson Palow, the organization’s legal director, emphasized the necessity of having this important debate in the open, pointing out that the implications affect millions globally.
Last month, over 100 cybersecurity experts and organizations urged Secretary Cooper to reverse her demand for a backdoor into Apple’s encrypted communications. Despite ceasing its ADP service in the UK, Apple maintains that 14 categories of data on iCloud will still feature end-to-end encryption by default, including sensitive health information. However, UK users will lose access to enhanced end-to-end encryption for backups and various other features, including iCloud Drive, Photos, and Notes.