US politicians and privacy advocates are pushing for public hearings regarding Apple’s alleged encryption-busting order from the UK government, issued via a Technical Capability Notice (TCN). Apple reportedly plans to appeal this order, which requires decrypted access to specific users' iCloud data. This call for transparency arises amidst concerns that secrecy surrounding judicial proceedings undermines national security and consumer cybersecurity defenses. The Investigatory Powers Act prevents organizations from acknowledging TCNs, and the Home Office has similarly remained tight-lipped. A joint letter from US lawmakers emphasizes the need for an open discourse on these pressing cybersecurity issues.
Given the significant technical complexity of this issue, as well as the important national security harms that will result from weakening cybersecurity defenses, it is imperative that the UK's technical demands of Apple - and of any other US companies - be transparent.
Organizations that receive a TCN are unable to confirm or deny the existence of any such order, which raises concerns about accountability and transparency in governmental requests.
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