hanohiki - stock.adobe.comNewsApple encryption legal challenge heard behind closed doors despite calls for public hearingInvestigatory Powers Tribunal hearing held behind closed doors as press and civil society groups argue for open hearingsByBill Goodwin,Computer WeeklyPublished: 14 Mar 2025 18:15 The Investigatory Powers Tribunal (IPT) held a day-long secret hearing into an appeal brought by Apple against a government notice requiring it to provide law enforcement access to data encrypted by its Advanced Data Protection (ADP) service on the iCloud, despite calls for the hearing to be opened to the public.A consortium of 10 media organisations, including the BBC, the Financial Times, The Guardian, The Telegraph, The Times, Reuters and Computer Weekly, alongside the Press Association, filed legal submissions yesterday calling for the case to be heard in open court, as did privacy and human rights groups.The case, heard in the Royal Courts of Justice on 14 March 2025, follows a complaint submitted by Apple to the IPT appealing against a Home Office decision to issue it with a Technical Capability Notice (TCN) that required it to provide UK law enforcement with access to protected by Apples ADP service.The order, issued by home secretary Yvette Cooper in January, extends the existing law enforcement access to encrypted data stored on Apples iCloud service worldwide to users of Apples Advanced Data Protection service who store encryption keys on their own devices.Lawyers, journalists, broadcasters and campaigners waited outside the court for the duration of the hearing, ready to present legal arguments to hold an open hearing, but were not invited to address the court.The case was heard by the president of the Investigatory Powers Tribunal, Lord Justice Rabinder Singh, and high court judge Jeremy Johnson. The government was represented by James Eadie KC. Barristers Julian Milford KC and Dan Beard KC represented Apple.Civil society groups Privacy International and Liberty have separately launched a legal challenge against a secret Home Office order. The campaign groups have filed a legal challenge against the Home Office at the Investigatory Powers Tribunal arguing that the way the government has used the secret order, known as a Technical Capability Notice, is not compatible with UK law or the Human Rights Act.The groups say the move by the UK government against Apple will have global consequences by opening up a backdoor to peoples personal data, including messages and documents that could be accessed by hackers and oppressive governments.Liberty and Privacy International warn that the move could impact marginalised groups, such as political dissidents and members of religious and LGBT+ communities, who could be targeted or put under surveillance.The groups argue that the Technical Capability Notice at the centre of the case, and other TCNs in future, could be used to undermine end-to-end encryption, which they argue is essential to the protection of privacy and free expression.The campaign groups said in a statement that giving users control of who can access their data is crucial, particularly for those whose jobs, beliefs or characteristics require enhanced security.Journalists, researchers, lawyers, civil society and human rights defenders rely on encryption because it protects them and their sources, clients and partners from surveillance, harassment and oppression, the groups said.They said that secure and trustworthy end-to-end encryption services are crucial for those who are discriminated against, persecuted or criminalised because of who they are.Vulnerable populations such as religious minorities, LGBT communities, people living with HIV, or political opponents in authoritarian states are particularly dependent on the ability to form communities, communicate and build their lives in spaces without fear of repression or retribution, and free of intrusion by powerful actors who may wish to do them harm, they said.They argue in legal submissions filed at the Investigatory Powers Tribunal that the TCN has very clearly not been used for purposes that are compatible with or permitted by the Investigatory Powers Act 2016, or by investigatory powers regulations.Gus Hosein, executive director of Privacy International, and Ben Wizner, a civil liberties lawyer with the American Civil Liberties Union and lead attorney for NSA whistleblower Edward Snowden, are also challenging the home secretarys TCN notice, as individuals who are likely to be affected by the order.Caroline Wilson Palow, legal director at Privacy International, said the UKs use of a TCN was disproportionate.People the world over rely on end-to-end encryption to protect themselves from harassment and oppression. No country should have the power to undermine that protection for everyone, she added.Akiko Hart, Libertys director, said the governments move would create a backdoor that could be used by hackers and foreign governments to access peoples private data.These plans have been universally criticised, from marginalised communities to tech firms to the US government and beyond. We need concrete guarantees from the UK government that they wont proceed with these plans, she said.Timeline of UK government's order for a backdoor into Apple's encrypted iCloud service7 February: Tech companies brace after UK demands back door access to Apple cloud The UK has served a notice on Apple demanding back door access to encrypted data stored by users anywhere in the world on Apples cloud service.10 February: Apple: British techies to advise on devastating UK global crypto power grab A hitherto unknown British organisation, which even the government may have forgotten about, is about to be drawn into a global technical and financial battle, facing threats from Apple to pull out of the UK.13 February: UK accused of political foreign cyber attack on US after serving secret snooping order on Apple US administration asked to kick UK out of 65-year-old UK-US Five Eyes intelligence sharing agreement after secret order to access encrypted data of Apple users.14 February: Top cryptography experts join calls for UK to drop plans to snoop on Apples encrypted data Some of the worlds leading computer science experts have signed an open letter calling for home secretary Yvette Cooper to drop a controversial secret order to require Apple to provide access to users encrypted data.21 February: Apple withdraws encrypted iCloud storage from UK after government demands backdoor access After the Home Office issued a secret order for Apple to open up a backdoor in its encrypted storage, the tech company has instead chosen to withdraw the service from the UK.26 February: US intelligence chief Tulsi Gabbard probes UK demand for Apples encrypted data 5 March: Apple IPT appeal against backdoor encryption order is test case for bigger targets The Home Office decision to target Apple with an order requiring access to users encrypted data is widely seen as a stalking horse for attacks against encrypted messaging services WhatsApp, Telegram and Signal.11 March: Secret London tribunal to hear appeal in Apple vs government battle over encryption A secret tribunal is due to meet at the High Court in London this week to hear tech giant Apple appeal against a Home Office order to compromise the encryption of data stored by its customers on the iCloud service worldwide.13 March: US Congress demands UK lifts gag on Apple encryption order Apple and Google have told US lawmakers that they cannot tell Congress whether they have received technical capability notices from the UK.In The Current Issue:Digital twins map the world and guide strategic decisionsLiverpool reinvents customer service through digital platformDownload Current IssueSLM series - Domino Data Lab: Distillation brings LLM power to SLMs CW Developer NetworkThe pros and cons of enterprise refurbished tech use Green TechView All Blogs