UK seeks encryption backdoor, Apple and allies push back

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WhatsApp and U.S. lawmakers on both sides are rallying behind Apple’s stand against the controversial UK demands to weaken encryption across the board.

In February, the UK issued a secret order called a Technical Capability Notice, or TCN. The order was designed to force Apple into building a backdoor into its Advanced Data Protection system.

The order wouldn’t have just affected British citizens, either. It would have affected anyone, anywhere in the world, who had an iCloud account.

Instead, Apple responded by removing the encryption feature from its UK services. Then it filed a lawsuit to stop the government’s request from moving forward.

Now, WhatsApp, owned by Meta, has sided with Apple in the legal battle. The company is prepared to offer evidence in support of Apple’s position, hoping to have the request overturned.

Will Cathcart, the head of WhatsApp, told the BBC that the case could “could set a dangerous precedent” by “emboldening other nations” to seek to break encryption, which is how tech firms keep their users’ data private.

He went on to assure users that, “WhatsApp would challenge any law or government request that seeks to weaken the encryption of our services and will continue to stand up for people’s right to a private conversation online.”

Privacy groups like the Open Rights Group support Apple and WhatsApp’s stand. It says this case could affect the safety of millions of people, not just in the UK.

UK and US lawmakers differ on their stances

The UK government says its goal is to stop serious crimes like terrorism and child sex abuse. It claims privacy is only affected in rare and necessary cases.

Because the law makes TCNs secret, neither Apple nor the government confirmed this order exists. Even the court case was held in near-total secrecy.

Lawmakers in the United States are also worried about the UK’s request. Both Republicans and Democrats on a House subcommittee said the demand goes too far, the International Association of Privacy Professionals (IAPP) reports.

Lawmakers discussed it during a June 5 hearing about the Clarifying Lawful Overseas Use of Data (CLOUD) Act. This agreement lets the U.K. ask U.S. companies for data in certain cases.

Committee Chair Andy Biggs, a Republican said the UK is abusing that power. Like Cathcart, Biggs warned that other countries could follow if the U.S. doesn’t push back.

Biggs even suggested ending the agreement if the UK won’t change its approach. He noted that the agreement was built on trust and that forcing Apple to build backdoors undermines that trust.

Ranking Member Jamie Raskin, a Democrat, agreed the order was dangerous. He warned that backdoors could lead to spying, hacking, or even identity theft.

“Some argue privacy is passe… Cookies monitor which sites we click on,” Raskin said during the meeting. “Our devices already track every step we take. And data brokers take anonymized data and reidentify in portfolios available to the highest bidder.”

“But I disagree with the idea privacy is no longer valuable or meaningful to the American citizenry,” Raskin added. “Americans’ security from government intrusion has never been more urgent or important.”

Apple says there’s no way to build a backdoor that only good people can use. Once a backdoor exists, it becomes a notable weak point that would invariably be targeted by malicious actors.