LONDON, March 14 (Reuters) - A London court hearing,
reported to be Apple's ( AAPL ) appeal against a British government order
to create a "back door" to its encrypted cloud storage systems,
was held in secret on Friday, with media not allowed to attend
despite a formal request.
In February, The Washington Post reported that Britain had
issued a "technical capability notice" to the tech firm to
enable access to encrypted messages and photos, even for users
outside the country.
The iPhone maker in response removed its most advanced
security encryption for cloud data, called Advanced Data
Protection, for new users in Britain.
Details of the case have been shrouded in secrecy, and
neither Apple ( AAPL ) nor the British government has publicly
confirmed the technical capability notice.
The BBC reported a hearing on Friday simply listed as "an
application in private" at the Investigatory Powers Tribunal, a
court that considers allegations of unlawful intrusion by public
bodies, was Apple's ( AAPL ) appeal against this order.
There was no confirmation of what parties were involved,
although James Eadie, who represents the government in its most
serious legal cases, attended. He declined to comment. Apple ( AAPL ) did
not immediately respond to a request for comment.
A lawyer representing 10 media organisations, including
Reuters and the BBC, submitted an application to the tribunal
for the case to be held in public.
The court confirmed receipt of his email but he was not
invited to appear before the judges to make any further
submissions on Friday, and no reporters were allowed in the
courtroom. The hearing concluded after about six hours.
'UNACCEPTABLE AND DISPROPORTIONATE'
Two civil rights groups, Privacy International and Liberty,
have also challenged the secrecy of the case and the issuing of
the technical capability notice itself. Caroline Wilson Palow,
Legal Director at Privacy International, said it was
"unacceptable and disproportionate".
"People the world over rely on end-to-end encryption to
protect themselves from harassment and oppression," she said.
"No country should have the power to undermine that protection
for everyone."
Governments and tech giants have long been locked in a
battle over strong encryption to protect consumers'
communications, which the authorities believe can be an obstacle
to investigations into crimes from terrorism to child sex
offences.
But Britain's demands are seen as particularly sweeping.
"We told them you can't do this," U.S. President Donald
Trump told the Spectator magazine in an interview last month
about the British demand. "That's something ... that you hear
about in China."
U.S. officials are also investigating whether Britain
violated a bilateral pact by pressuring Apple ( AAPL ) as the move could
breach the CLOUD Act, which bars Britain from issuing demands
for the data of U.S. citizens and vice versa.
Britain's Home Office (interior ministry) has declined to
comment on the case, and Security Minister Dan Jarvis told
parliament last month the government operated a policy of
neither confirming nor denying the existence of TCNs.
"What I can say is that the suggestion that privacy and
security are at odds is not correct; we can and must have both,"
he said.