– Guest article, written by Vincent Lautier –
Apple has decided to oppose the request of the United Kingdom requiring it to allow access to the encrypted iCloud data. Rather than complying, the company preferred to withdraw one of its country’s security features and filed an appeal to a specialized court. An important legal battle that could have repercussions far beyond the United Kingdom.
A standoff on data encryption
The conflict revolves around theInvestigatory POWERS ACTa British law of 2016 which allows the government to demand access to encrypted communications, officially to combat terrorism and the exploitation of minors. In January, Apple received a Technical Capability Noticean order asking him to create a stolen door in iCloud Advanced Data Protectionan option that figures user data from start to finish.
Rather than accepting, Apple has removed this functionality from the United Kingdom, preventing new users from activating it and forcing the old ones to deactivate it. But that is not enough for the British government, which considers that Apple has still not respected order and could require access to data stored elsewhere in the world.
Apple brings the case to justice
Faced with this pressure, Apple granted theInvestigatory POWERS TRIBUNALa jurisdiction responsible for examining complaints against British intelligence services. This is the first time that this law has been challenged before justice, and the important affair could establish a precedent.
The court will have to decide whether the United Kingdom’s request is legal and, if this is not the case, it could cancel it. The hearing could take place this month, but it could also remain confidential for reasons of national security.
A decision that goes beyond the United Kingdom
This case goes far beyond the British framework. The United States, for example, reacted strongly: Donald Trumpstill to the extent, compared the United Kingdom’s request to the surveillance practices of China, and the director of American intelligence, Tulsi Gabbarddenounced a privacy damage which could violate the Cloud Actan agreement on data sharing between the two countries.
Cybersecurity experts recall that creating a stolen door, even for a government, would weaken data protection for all. Once a flaw exists, there is no guarantee that it will not be exploited by hackers, and above all, by other states.
A key issue for digital security
If Apple loses, it could encourage other countries to ask for similar access, and it would pose a real problem for data confidentiality in the world. If the company wins on the other hand, and we hope, this would strengthen the right to strong encryption and limit the capacity of states to require access to private data.
The case is therefore far from over, but one thing is certain: it could redefine the rules of the game in terms of privacy and digital surveillance. So we’re going to follow that with great attention.
Article published by myself, Vincent Lautierinvited by friend Korben. You can also Follow me on Blueskyor read The unlikely little tests that I sometimes publish in the “Tech Gadgets” category !
Source : Ars Technica
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