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US lawmakers urge UK spy court to hold Apple ‘backdoor’ secret hearing in public

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A group of bipartisan U.S. lawmakers are urging the head of the U.K.โ€™s surveillance court to hold an open hearing into Appleโ€™s anticipated challenge of an alleged secret U.K. government legal demand.

U.S. Senator Ron Wyden, along with four other federal lawmakers, said in a letter this week to the president of the U.K.โ€™s Investigatory Powers Tribunal (IPT) that it is โ€œin the public interestโ€ that any hearings about the alleged order are not held in secret.

The lawmakersโ€™ letter also says that the alleged U.K. order has barred California-based Apple from engaging in speech that is โ€œconstitutionally protectedโ€ under U.S. law, and impedes the lawmakersโ€™ ability to conduct congressional oversight.

The Washington Post revealed in February that the U.K. government had earlier this year secretly ordered Apple to create a โ€œbackdoor,โ€ allowing U.K. authorities to access the cloud-stored data of any Apple customer worldwide. Apple, which is legally barred from disclosing or commenting on the so-called โ€œtechnical capabilities notice,โ€ reportedly refused and pulled its Advanced Data Protection iCloud data-encryption feature from U.K. customers, rather than comply with the backdoor order.

The U.K.โ€™s Investigatory Powers Tribunal, which hears legal cases related to the use of U.K. surveillance powers, is scheduled to hear a private petition on Friday, per the tribunalโ€™s public schedule. The hearing reportedly relates to Apple, according to Wydenโ€™s letter.

Apple did not comment when reached by TechCrunch on Friday.

The U.K. government has so far declined to comment on operational matters, which includes โ€œconfirming or denying the existence of any such notices,โ€ per a spokespersonย 

Itโ€™s not clear how many companies have received a technical demand from the U.K. government.ย 

According to the lawmakersโ€™ letter, Google โ€œalso recently told Senator Wydenโ€™s office that, if it had received a technical capabilities notice, it would be prohibited from disclosing that fact.โ€ย 

Two civil rights groups, Liberty and Privacy International, are also challenging the U.K. governmentโ€™s backdoor order via legal submission to the IPT. The pair have also called for the oversight bodyโ€™s hearing into Appleโ€™s appeal to be held in public, joining similar calls earlier this week by privacy rights groups.

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