A civil-rights lawyer told a London tribunal Thursday that the British government’s refusal to admit whether it has ordered Apple to create a back door into encrypted iCloud backups has become “farcical,” because the demand is already an open secret. Britain dropped an earlier, broader notice after talks with Washington, then issued a second order aimed at UK Apple users. Officials still will not confirm it exists, citing national security. Apple and groups including Privacy International and Liberty say the secrecy blocks open justice; the government argues that abandoning the policy would help hostile actors map which companies face such orders.
In January last year, Britain issued an order, known as a technical capability notice, for what is known as a back door to allow it access to encrypted cloud backups of data of U.S. and British citizens.
That demand was dropped following months of negotiations with U.S. President Donald Trump’s administration, but in July Britain issued a second notice that applied just to Apple’s UK customers.
The issue has been clouded in secrecy as the British government says it cannot comment on the existence of individual TCNs because it operates a policy of neither confirm nor deny on security matters.
Apple has launched a challenge at a specialist court, the Investigatory Powers Tribunal, but has been unable to give public details on why because of legal restrictions.
Campaign groups have also taken action over the order, which they say would violate human rights and weaken security, even though the government refuses to confirm the TCN exists.
At Thursday’s hearing at the IPT, Ben Jaffey, the lawyer for campaign groups, Privacy International and Liberty, said the government’s position had “become farcical”.
“The horse has long bolted,” he noted, meaning it was already public knowledge.
Apple, which itself has no access to the encrypted data of those who make use of its Advanced Data Protection feature on their devices, including iPhones and Mac computers, has said that if it creates an entry point for one government, that could be exploited by hackers or hostile states, weakening security for all.
Following Britain’s demands, Apple withdrew its Advanced Data Protection feature for UK users in February last year, saying it would never build a back door.
MacDailyNews Take: We pity British citizens.
It’s not enough that every Brit alive has a government camera shoved up their ass 24/7/365? The UK has already slipped so far down the slope that they ought to rename the place Airstrip One. – MacDailyNews, November 3, 2015
The UK is a surveillance state gone amok. – MacDailyNews, April 8, 2025
Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. – Benjamin Franklin
The current batshit insane “leadership” of Airstrip One is having yet another crisis of confidence. – MacDailyNews, February 7, 2025
Censorship reflects a society’s lack of confidence in itself. – Potter Stewart
MacDailyNews Note: Apple’s Advanced Data Protection for iCloud is an optional setting that offers Apple’s highest level of cloud data security. If you choose to enable Advanced Data Protection, the majority of your iCloud data — including iCloud Backup, Photos, Notes, and more — is protected using end-to-end encryption. No one else can access your end-to-end encrypted data, not even Apple, and this data remains secure even in the case of a data breach in the cloud.
How to turn on Advanced Data Protection for iCloud
On Mac
- Choose Apple menu > System Settings.
- Click your name, then click iCloud.
- Click Advanced Data Protection, then click Turn On.
- Follow the onscreen instructions to review your recovery methods and enable Advanced Data Protection.
On iPhone and iPad
- Open the Settings app.
- Tap your name, then tap iCloud.
- Scroll down, tap Advanced Data Protection, then tap Turn on Advanced Data Protection.
- Follow the onscreen instructions to review your recovery methods and enable Advanced Data Protection.
More info about Apple’s Advanced Data Protection for iCloud here.
In the UK:
• New Users: Cannot enable Advanced Data Protection for iCloud. Covered categories use Standard Data Protection.
• Existing Users: Users who enabled ADP before the restriction are currently unaffected while Apple challenges the order at the Investigatory Powers Tribunal, though Apple has noted guidance or phase-outs may eventually apply.
Still Encrypted by Default (UK & Global):
• iCloud Keychain & Health data
• iMessage & FaceTime communications
More info via Apple Support: Apple can no longer offer Advanced Data Protection in the United Kingdom to new users.
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