U.S. officials are looking at whether the United Kingdom violated a bilateral agreement by demanding Apple create a "backdoor" to access end-to-end encrypted iCloud data, according to a letter from National Intelligence Director Tulsi Gabbard (via Reuters).
The investigation comes after Apple's recent decision to withdraw its Advanced Data Protection feature from the UK after the British government reportedly issued a secret order requiring Apple to provide access to encrypted user data globally.
In a February 25 letter to Senator Ron Wyden and Representative Andy Biggs, Gabbard stated that her legal team is reviewing whether the U.K.'s demands violated the CLOUD Act, which prohibits either country from issuing demands for the other's citizens' data. Gabbard said she was not made aware of the U.K. order prior to it being reported in the media.
"Upon initial review of the U.S. and U.K. bilateral CLOUD Act Agreement, the United Kingdom may not issue demands for data of U.S. citizens, nationals, or lawful permanent residents, nor is it authorized to demand the data of persons located inside the United States," Gabbard wrote.
The CLOUD Act (Clarifying Lawful Overseas Use of Data Act) was designed to regulate how governments can request data across borders while protecting citizens' privacy rights.
Apple introduced end-to-end encryption for iCloud backups in 2022, meaning only users have the keys to access their data. The company has historically opposed creating encryption backdoors, arguing they inevitably compromise security for all users.
Apple CEO Tim Cook has consistently insisted that providing backdoor access past its encryption for authorities would open the door for "bad guys" to gain access to its users' data. Cybersecurity experts agree that any government backdoor would eventually be discovered and exploited by malicious actors.
U.S. agencies including the FBI and CISA, the U.S. cyber defense agency, recently advocated for increased use of encryption to protect against cyber threats from the likes of China. In December, the agencies jointly advised Americans to "ensure that traffic is end-to-end encrypted to the maximum extent possible" as a countermeasure against foreign cyber campaigns.
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