WhatsApp on Wednesday announced it was seeking to intervene in a legal case between Apple and the British government over iCloud accounts. This case regards whether the iPhone maker can be forced to retain access to the content of its users’ iCloud accounts. This follows a judgment back in April when the Investigatory Powers Tribunal confirmed that Apple was suing the British government. WhatsApp’s chief, Will Cathcart, stated the Meta-owned messaging app had applied to intervene to protect people’s privacy globally. He said this case could set a dangerous precedent and embolden nations to try to break the encryption that protects people’s private communication.
It has been widely reported that the British government issued Apple a Technical Capability Notice (TCN), demanding the company stop the feature.
The opt-in feature means that content stored in iCloud would be end-to-end encrypted and Apple would be unable to access it. The British government, as a matter of policy, neither confirms nor denies the existence of specific legal demands for data access. Apple subsequently turned off the Advanced Data Protection feature for British users in February, although it did not confirm why at the time.
While it is not illegal to report on the existence of a TCN, the individual target of a notice is instructed not to disclose it.
Experts, including those from within Britain’s own intelligence community, argued that the government’s attempts should be more transparent. Following the tribunal’s judgment in April, a government spokesperson finally commented on the significant public outcry over the legal demand. They stated TCNs do not directly provide access to data, and that relevant targeted warrants and authorizations must also be in place. They also said TCNs do not extend powers to obtain access to data; their purpose is to ensure that existing powers can be exercised. This statement was intended to clarify the government’s position and to reassure the public about the scope of these legal notices.
The British government described Apple’s introduction of the Advanced Data Protection feature as a “unilateral” move that would hinder investigations. They said it would “prevent investigations into terrorism or serious child abuse and put public safety at grave risk.” They added that TCNs are “purely about preventing serious crime and pursuing criminals, and do not affect our commitment to free speech.” The Investigatory Powers Tribunal has not yet set out a timetable for how this very high-profile and important legal case will progress. This ongoing legal battle between the major technology company and the UK government continues to draw significant international attention from many different parties.
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