# US Lawmakers Challenge UK Court Over Apple Encryption Case Bipartisan letter warns secrecy strains US-UK relations on data privacy - **Source:** [Slashdot](https://brifing.si/source/0f34d58e-1ccd-45a6-ab82-2de4065dc7ad) - **Published:** 2026-09-11 - **Topic:** [Business](https://brifing.si/c/business) - **Original article:** - **On Brifing:** https://brifing.si/s/97f9b9bb-d36b-4b4e-ba5d-82407e5ddbf4 ## Bipartisan US Opposition Senator Ron Wyden (D-OR) and Congressman Warren Davidson (R-OH) jointly criticized Britain's Investigatory Powers Tribunal for its secretive handling of Apple's encryption case. Their letter argues the UK's secrecy undermines US legislative authority and strains transatlantic relations. The lawmakers emphasize Congress's constitutional role as the 'First Branch' of government that shouldn't be circumvented by foreign administrative orders. ## Encryption Standoff Timeline In January 2025, the UK Home Office served Apple with a Technical Capability Notice under the Investigatory Powers Act, demanding access to encrypted iCloud backups globally. Apple responded by disabling its Advanced Data Protection feature for UK users in February 2025. When Apple challenged the order, the Home Office withdrew the original notice and issued a narrower version targeting only UK user data. ## Legal Framework Conflict The dispute centers on the Investigatory Powers Act (2016), which requires tech companies to assist law enforcement. US legislators argue this conflicts with Article I of the US Constitution regarding congressional oversight. They contend the UK cannot simultaneously champion legislative oversight domestically while using administrative gag orders to limit US congressional authority. ## Apple's Strategic Response Facing the UK demand, Apple made the calculated decision to withdraw Advanced Data Protection rather than create a backdoor. This feature normally provides end-to-end encryption for iCloud backups. The move protected global users while complying with UK law in the narrowest possible way, demonstrating tech companies' difficult position between privacy and legal compliance. ## Transatlantic Data Tensions This case follows years of US-UK friction over data access, including the Cloud Act Agreement (2019) that streamlined cross-border data requests. Experts note increasing conflicts as governments demand more access to encrypted data while tech firms resist creating vulnerabilities. The current dispute may test the limits of existing data-sharing agreements between allies. ## Security vs. Privacy Debate The UK government maintains such powers are essential for national security investigations, citing over 20 terrorism plots disrupted using encrypted data since 2017. Privacy advocates counter that weakening encryption harms all users' security. Apple has consistently argued that creating exceptions for law enforcement fundamentally undermines encryption's protective value. ## Parliamentary Oversight Questions The US legislators highlight that the IPT—a specialized court created by the Investigatory Powers Act—operates with unusual secrecy compared to regular UK courts. They question why this case couldn't be heard publicly given its international implications. The tribunal's decisions are typically final with limited appeal options, raising concerns about accountability. ## Broader Implications This confrontation may influence future US-UK tech policy cooperation and set precedents for how democratic governments balance security needs with privacy rights. The outcome could shape upcoming negotiations over the US-UK Data Bridge agreement and influence global standards for government access to encrypted data held by multinational corporations. ## Sources covering this story - https://news.slashdot.org/story/26/09/11/1955213/us-legislators-complain-about-secretive-british-court-and-apple-encryption?utm_source=rss1.0mainlinkanon&utm_medium=feed — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._