US politicians have said the special relationship is being undermined by a “cloak of secrecy” around Yvette Cooper’s order that Apple install an iPhone back door.
Five members of Congress have written to Lord Justice Singh, the president of the Investigatory Powers Tribunal (IPT), urging British officials to lift a gagging order ahead of Apple challenging the order .
On Friday, Apple will appeal against a technical capability notice issued by the Home Secretary demanding the company break the advanced data protection (ADP) feature that encrypts iPhone backups.
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.
‘Infringes on free speech’
“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.
‘Gravely disappointed’
Apple’s ADP feature, introduced in 2022, allows users to protect iPhone backups such as messages and photos with end-to-end encryption, meaning the company and security services are unable to access it. Users must opt in to the feature.
The tech giant blocked users from activating the feature last month, saying it was “gravely disappointed” at the situation. However, this does not free the company from the order, which can apply to overseas users.
The Home Office has refused to comment on the existence of the order, but Dan Jarvis, the security minister, has told MPs that it can only use surveillance powers on an “exceptional basis, and only when it is necessary and proportionate to do so”.
Civil liberties groups Big Brother Watch, Index on Censorship, and Open Rights Group have also written to the tribunal urging them to hold the hearing in public.