2025-02-15
US Legislators Want CLOUD Act Reform, Protected E2EE
In a February 13 missive, US Senator Ron Wyden (D-Ore.) and Representative Andy Biggs (R-Ariz.) urged Director of National Intelligence Tulsi Gabbard “to act decisively to protect the security of Americans' communications.” In light of the UK's Technical Capability Notice (TCN) demanding access to Apple's end-to-end-encrypted (E2EE) user data, reportedly served in January 2025, the legislators stressed the risk to American citizens' and government agencies' data from an encryption backdoor, citing the 2024 Salt Typhoon breach of US wiretaps as an example of surveillance backdoors' inevitable compromise and exploitation. The lawmakers asked Gabbard to reconsider and restrict US-UK intelligence sharing and cybersecurity programs if the demand is not reversed. The missive also requests "unclassified answers" to questions about the Trump administration's awareness of the TCN, and its understanding of the Clarifying Lawful Overseas Use of Data (CLOUD) Act, specifically regarding "an exception to gag orders" and "obligation to inform Congress and the American public about foreign government demands for U.S. companies to weaken the security of their products." On February 14, Sen. Wyden released a draft bill aimed at reforming the CLOUD Act with measures to limit agreement terms, shift challenge and approval power toward US legislators and judiciary, and "Prevent foreign governments from using the CLOUD Act to require U.S. providers to adopt specific designs for products, reduce the security of a product, or deliver malware to a customer."
Editor's Note
Quoting Senator Wyden and Representative Briggs: "After years of senior U.S. government officials — from both Republican and Democratic Administrations — pushing for weaker encryption and surveillance backdoors, it seems that the U.S. government has finally come around to a position we have long argued: strong end-to-end encryption protects national security." Common sense and past experience certainly backs this, but every incoming administration gets lobbied immediately by intelligence agencies about the need for back doors, and overall data security has suffered.

John Pescatore
If Salt Typhoon has taught us anything, it's that weakening the security of communication provides opportunities for abuse. I understand the desire for warranted government access to conversations, but the US Congress is concerned by the price of intended access.

Christopher Elgee
It is nice to see our elected officials understand the issues with backdoors such as the UK requested. This move would add the US Government as an ally when pushing back against such requests, hopefully enabling providers to negotiate from a position of strength if not law. While this is getting attention, make sure you’re enabling available encryption, particularly on mobile devices, and make sure you’ve tested you are both using best practices and don’t have any gaps.

Lee Neely
The proposed bill highlights that in today's highly connected and digital world, security cannot be selectively compromised for one party without endangering all users. Either a service is secure or it is not, there is no middle ground.

Brian Honan
A bit surprising the speed and directness in the Congressional response to the UK TCN. AAPL has a card to play but it can’t stop the far-reaching effect of the TCN. What pressure, if any, the current administration applies will be interesting to watch in the coming days/weeks.

Curtis Dukes
The so-called Five Eyes have historically been allied in their opposition to private communications among their citizens. Salt Typhoon has taught the US a harsh lesson: "If allies are strong with power to protect me, might they not protect me out of all I own?"

William Hugh Murray
Oh interesting, an actual law that I can maybe get behind. I need to read the legalese a little more to really understand it.

Moses Frost
Read more in
Senate: February 13 Missive (PDF)
Senate: Global Trust in American Online Services Act (PDF)
Senate: Wyden Releases Draft Bill to Secure Americans’ Communications Against Foreign Surveillance Demands
NextGov: Lawmakers ask DNI to reassess UK cyber, intel ties over Apple backdoor mandate
NextGov: Lawmaker looks to strengthen security of U.S. communications following UK’s Apple backdoor order
TechCrunch: What is an encryption backdoor?