US Politicians Urge Tribunal to Lift Veil of Secrecy in Apple and Home Office Clash

March 13, 2025 TruthUSA

A ‘cloak of secrecy’ established by the UK in its encryption conflict with Apple should be lifted, as urged by a bipartisan group of politicians in the United States.

This group, consisting of both Democrat and Republican senators and representatives, has addressed a letter to the Investigatory Powers Tribunal (IPT) prior to a secret hearing scheduled for tomorrow.

Reports indicate that this case involves Apple’s appeal against a Home Office directive to compromise its encryption standards.

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The directive was issued in the form of a Technical Capability Notice (TCN) under the Investigatory Powers Act 2016, which prohibits Apple from even acknowledging the existence of such an order.

Instead of complying, reports suggest that Apple has withdrawn the relevant product from its services in the UK.

The American lawmakers assert that UK law has impeded Apple from informing the US Congress about any TCNs.

In their letter, they state: “We write to request that the Investigatory Powers Tribunal (IPT) eliminate the cloak of secrecy surrounding notices issued to American technology firms by the United Kingdom, which infringes upon free speech and privacy, hampers critical oversight by both the United States Congress and the UK Parliament, jeopardizes national security, and ultimately weakens the special relationship between the United States and the United Kingdom.”

Sky News previously reported that UK politicians are advocating for a public tribunal.

The letter was signed by Democrat senators Ron Wyden and Alex Padilla, alongside Republican representatives Andy Biggs and Warren Davidson, as well as Democrat representative Zoe Lofgren.

In their correspondence, they highlight that US director of national intelligence Tulsi Gabbard has described the UK’s actions as “a clear and egregious violation of Americans’ privacy and civil liberties,” and that President Donald Trump mentioned it to Sir Keir Starmer, comparing it to actions taken by the Chinese government.

From the American perspective, the primary issue is the barrier UK law creates for American companies in responding to inquiries from US Congress.

The authors argue: “By trying to silence US companies and prevent them from responding to Congress, the UK is infringing on the free speech rights of US companies and hindering Congress’s authority and responsibility to oversee national security matters.”

“The First Amendment of the US Constitution protects Americans, including US companies, ‘the right to petition the government for redress of grievances.’

“This right extends to communication with Congress and responses to oversight requests for information.”

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The letter indicates that both Apple and Google have informed Congress that if they had received a TCN, they would be unable to discuss it.

It highlights that due to the “significant technical complexity of this issue” and the national security implications of encryption, “it is crucial that the UK’s technical demands on Apple – and any other US companies – be subjected to thorough, public scrutiny and discussion by cybersecurity professionals.”

The Ministry of Justice, which oversees the Investigatory Powers Tribunal, has been contacted for comments.

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