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Bipartisan letter warns Gabbard new UK order for backdoor Apple data could jeopardize Americans
Sen. Ron Wyden, D-Ore., and Rep. Andy Biggs, R-Ariz., penned a letter to newly sworn-in Director of National Intelligence Tulsi Gabbard, warning that the United Kingdom's reported new order demanding backdoor Apple data jeopardizes Americans.
The letter, obtained by Fox News Digital, referenced recent press reports that the U.K.’s home secretary "served Apple with a secret order last month, directing the company to weaken the security of its iCloud backup service to facilitate government spying." The directive reportedly requires the company to weaken the encryption of its iCloud backup service, giving the U.K. government the "blanket capability" to access customers’ encrypted files.
Reports further state that the order was issued under the U.K.’s Investigatory Powers Act 2016, commonly known as the "Snoopers’ Charter," which does not require a judge’s approval.
"Apple is reportedly gagged from acknowledging that it received such an order, and the company faces criminal penalties that prevent it from even confirming to the U.S. Congress the accuracy of these press reports," Wyden and Biggs note.
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The United Kingdom has been increasingly cracking down on British citizens for opposition commentary, especially online posts and memes opposing mass migration. As riots broke out in the U.K. last August after a mass stabbing at a Taylor Swift-themed dance event left three girls dead and others wounded, London's Metropolitan Police chief warned that officials could also extradite and jail U.S. citizens for online posts about the unrest.
The letter, however, described the threat of China, Russia and other adversaries spying on Americans.
Wyden, who sits on the Senate Intelligence Committee, and Biggs, who chairs a House Judiciary subcommittee on Crime and Federal Government Surveillance, asked Gabbard to "act decisively to protect the security of Americans’ communications from dangerous, shortsighted efforts by the United Kingdom (U.K.) that will undermine Americans’ privacy rights and expose them to espionage by China, Russia and other adversaries."
The Washington Post was among the outlets to report about the U.K. order.
"These reported actions seriously threaten the privacy and security of both the American people and the U.S. government," Wyden and Biggs wrote. "Apple does not make different versions of its encryption software for each market; Apple customers in the U.K. use the same software as Americans. If Apple is forced to build a backdoor in its products, that backdoor will end up in Americans’ phones, tablets, and computers, undermining the security of Americans’ data, as well as of the countless federal, state and local government agencies that entrust sensitive data to Apple products."
The letter also references a Chinese hacking operation known as "Salt Typhoon." Last year, the Biden White House admitted the Chinese hacked at least nine U.S. telecommunications companies.
"The Salt Typhoon hack of U.S. telephone carriers’ wiretapping systems last year – in which President Trump and Vice President Vance’s calls were tapped by China – provides a perfect example of the dangers of surveillance backdoors," the letter says. "They will inevitably be compromised by sophisticated foreign adversaries and exploited in ways harmful to U.S. national security. As the Cybersecurity and Infrastructure Security Agency (CISA) and the FBI confirmed last November, People’s Republic of China (PRC)-affiliated actors were involved in ‘copying of certain information that was subject to U.S. law enforcement requests pursuant to court orders.’"
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"While the U.K has been a trusted ally, the U.S. government must not permit what is effectively a foreign cyberattack waged through political means. If the U.K. does not immediately reverse this dangerous effort, we urge you to reevaluate U.S.-U.K. cybersecurity arrangements and programs as well as U.S. intelligence sharing with the U.K.," the letter says.
Citing a December 2023 report by the U.K. Parliament’s intelligence oversight committee, the letter states that the U.K. benefits greatly from a "mutual presumption towards unrestricted sharing of [Signals Intelligence]" between the U.S. and U.K. and that "[t]he weight of advantage in the partnership with the [National Security Agency] is overwhelmingly in [the U.K.’s] favour."
"The bilateral U.S.-U.K. relationship must be built on trust. If the U.K. is secretly undermining one of the foundations of U.S. cybersecurity, that trust has been profoundly breached," Wyden and Biggs wrote.
At her confirmation hearing, Gabbard stated that "backdoors lead down a dangerous path that can undermine Americans' Fourth Amendment rights and civil liberties." In written responses to senators' questions, she also said, "mandating mechanisms to bypass encryption or privacy technologies undermines user security, privacy, and trust and poses significant risks of exploitation by malicious actors."
"We urge you to put those words into action by giving the U.K. an ultimatum: back down from this dangerous attack on U.S. cybersecurity, or face serious consequences," Wyden and Biggs wrote.
The letter asks Gabbard specifically whether the Trump administration was made aware of the reported order, either by the U.K. or Apple, prior to the press reports and, if so, when and by whom. They also ask what the Trump administration's understanding is of U.K. law "and the bilateral CLOUD Act agreement with regard to an exception to gag orders for notice to the U.S. government." Wyden and Biggs asked what the Trump administration's understanding is "of its obligation to inform Congress and the American public about foreign government demands for U.S. companies to weaken the security of their products, pursuant to the CLOUD Act?" The letter asked that unclassified answers be provided by March 3.
Fox News Digital reached out to Apple and the White House regarding the letter, but neither immediately responded.
