2025-04-07
UK Tribunal Will Not Conceal Apple's Appeal of E2EE Backdoor TCN
On April 7, 2025, the UK's Investigatory Powers Tribunal (IPT) publicly released the judgment from its closed-door hearing held March 14, 2025, dismissing the Secretary of State's application for ongoing secrecy in the case of Apple's appeal of a Technical Capability Notice (TCN) demanding government access to users' end-to-end-encrypted (E2EE) data. The court "[does] not accept that the revelation of the bare details of the case would be damaging to the public interest or prejudicial to national security," and notes "it may well be possible for some or all future hearings to incorporate a public element, with or without reporting restrictions." The judgment also notes "potential for overlap" between Apple's appeal and a recent complaint filed by Privacy International and Liberty over "[the Secretary of State's] powers to make a technical capability notice."
Editor's Note
While the UK is seeking to keep their security concerns confidential, the TCN requesting an encryption back door, and Apple's subsequent appeal are anything but. The IPT report cites a plethora of published information regarding the TCN and appeal. The best path forward is an open and honest debate about the problem the UK (and others) wish to solve and how that contrasts with the overall benefit provided by E2EE, not just from Apple but from other service providers as well, which really needs to become SOP for protecting data in transit in a world of continuous connectivity across networks of varied security.

Lee Neely
While some 'bare' details will be made publicly available, in the long run the Government will succeed in requiring AAPL to install the backdoor. It is a UK law after all. The 'ProtectEU' internal security strategy also advocates for a law enforcement backdoor via its technology roadmap on encryption.
