US lawmakers are pushing back against the UK’s Home Office, accusing it of silencing US companies. They’re particularly concerned about secret UK orders that require companies to hand over user data without informing Congress. This unusual move has sparked a response from five bipartisan lawmakers, led by Senator Ron Wyden, who have written to the UK’s Investigatory Powers Tribunal (IPT). They argue that the UK is undermining Congress’s ability to oversee national security matters and infringing on free speech rights.
The letter comes just as the IPT prepares to hear Apple’s challenge against a notice demanding expanded access to encrypted data stored on iCloud. Apple is also fighting to maintain user privacy for those who hold encryption keys on their devices. Major British media outlets have filed legal documents urging that this case be heard in public, citing the public’s right to know about the UK’s demands.
Civil society groups, including Privacy International and Liberty, have raised concerns about the secrecy surrounding these legal proceedings. They assert that since the details have been widely leaked, there’s no justification for keeping the case confidential. Other organizations have issued open letters calling for transparency in the tribunal’s process.
In their letter, the US lawmakers expressed frustration over Technical Capability Notices (TCNs), saying they restrict open communication between US companies and Congress. Apple and Google informed Congress that if they received these notices, UK law would prevent them from disclosing that information. The UK embassy hasn’t answered US inquiries about if similar demands have been made on other companies.
The lawmakers argue that the UK’s actions violate free speech and hinder Congress’s duty to oversee national security. They emphasize that US companies have constitutional rights to communicate important information to Congress regarding national security issues. This letter was signed by three Democrats, including Senator Wyden, along with two Republicans.
Their unified stance calls for the IPT to uphold open justice during the hearings about Apple’s appeal. They point out that the existence of the TCN is already out in the open, so any argument for keeping the hearings closed lacks credibility. Apple’s decision to remove its Advanced Data Protection feature for UK users suggests pressure to insert a backdoor into its security systems.
The lawmakers highlighted that these UK demands pose serious implications for national security, necessitating public discussion. Concerns about foreign surveillance have ramped up, especially following incidents where hackers exploited US lawful interception systems to target high-ranking government officials.
The letter stresses the need for transparency given the complexities of the technical issues involved and their impact on US national security. The lawmakers are advocating for expert input and public scrutiny to properly assess the legality of the UK’s demands on US companies.
Civil society groups are also pushing hard for the case to be public, emphasizing that many lives could be affected and that there’s a key public interest in understanding how the UK believes it can compel a private company to compromise user privacy. They argue that the Home Office’s order to Apple breaks new ground in privacy rights violations and challenges the very principles of democracy in the UK.
The overarching message is clear: the stakes are high, and there is an urgent need for clarity and debate in the public arena about the implications of these demands on user privacy and national security.
