Key facts
- US lawmakers Ron Wyden and Warren Davidson are urging Britain's Investigatory Powers Tribunal to be more open about Apple's legal fight over encrypted data.
- The lawmakers argue that the UK government's use of secrecy orders under the Investigatory Powers Act strains US-UK relations and frustrates US legislative powers.
- Apple is challenging a UK government demand for access to encrypted iCloud backups, which led the company to withdraw a feature from UK users.
- The Home Office previously issued a technical capability notice to Apple in January 2025, which was later narrowed.
- Apple filed a fresh complaint in August 2025 challenging the government's power to issue such notices.
- Lawmakers previously intervened in March 2025, leading the tribunal to reject the government's bid for complete secrecy.
A bipartisan group of US lawmakers has called on Britain's Investigatory Powers Tribunal (IPT) to be more transparent regarding Apple's legal challenge to a government demand for access to encrypted data. Democratic Senator Ron Wyden of Oregon and Republican Congressman Warren Davidson of Ohio sent a letter to the tribunal, warning that the UK government's reliance on secrecy is unnecessarily straining relations between the two allied nations.
The dispute began in January 2025 when the UK Home Office issued Apple with a technical capability notice under the Investigatory Powers Act, requiring the company to assist law enforcement in accessing encrypted customer data. Apple responded by withdrawing its Advanced Data Protection encryption feature from UK users the following month. Although Apple's initial challenge to the order was dismissed after the Home Office issued a narrower notice targeting only British users' data, the company lodged a fresh complaint in August 2025. This new complaint challenges the government's fundamental power to issue such notices.
Wyden and Davidson had previously intervened in March 2025, alongside other lawmakers, advocating for the case to be heard publicly. This earlier intervention contributed to the IPT's decision to reject the government's attempt to keep the proceedings entirely secret, allowing for the disclosure of basic details about the case and the parties involved.
In their latest letter, the lawmakers argue that the UK government is attempting to use foreign secrecy directives to override the constitutional authority of the US Congress. They state that Congress, as a co-equal branch of government, should not have its powers frustrated by such measures, especially after Apple informed Congress that it had been permitted to brief only the attorney general, vice-president, and their staff, but not lawmakers, on the dispute.