Last month, press reports revealed the order’s existence. Apple went on to confirm it was closing the Advanced Data Protection service to U.K. users. However, it is unclear whether Apple’s move will be deemed compliant given that the surveillance order requiring it to grant law enforcement access to data stored within the E2EE service is thought to include information about users located outside the country. This in turn means a lot is riding on the appeal it’s filed challenging the lawfulness of the order.
The Investigatory Powers Tribunal (IPT) hears appeals regarding UK surveillance matters, frequently behind closed doors. However, Big Brother Watch, Index on Censorship, and the Open Rights Group call for the iCloud case to be heard in public in a joint letter to the IPT president.
They issue a disclaimer, stating that “this case implicates the privacy rights of millions of British citizens who use Apple’s technology, as well as Apple’s international users.” “Knowing when and on what basis the UK government believes it can compel a private company to undermine the privacy and security of its customers is of significant public interest.” According to the letter, the IPT is obligated to hear cases in public unless doing so would jeopardize the public or national interest. But the three groups argue such conditions do not apply here. They counter that open discussion of the iCloud case would be beneficial to the public interest.