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WhatsApp has joined a legal challenge against the UK government’s demand to force Apple to create a “back door” in its security systems, as the Meta-owned group becomes the first Big Tech company to intervene in the case.
Will Cathcart, who runs WhatsApp, on Wednesday blasted the UK’s “secret order” that he said undermined the security of British citizens.
“This case could set a dangerous precedent and embolden nations to try to break the encryption that protects people’s private communication,” he said.
The UK Home Office in January issued Apple with a “technical capability notice” (TCN) under the UK’s Investigatory Powers Act, which would require the iPhone maker to provide customer data from its most secure online backup service.
In response, Apple withdrew that service, called iCloud Advanced Data Protection, from the UK and launched a legal challenge to the TCN.
In March, two human rights campaign groups, Privacy International and Liberty, filed their own legal action protesting against the use of TCNs at the Investigatory Powers Tribunal, which probes complaints against the UK’s security services.
WhatsApp is seeking to intervene in both Apple’s and the campaigners’ cases, by submitting evidence on the harm such an order could inflict on the encryption technology that secures messaging apps and digital storage services used by billions of people around the world.
“WhatsApp would challenge any law or government request that seeks to weaken the encryption of our services and will continue to stand up for people’s right to a private conversation online,” said Cathcart.
WhatsApp has not received a TCN itself, a spokesperson said. WhatsApp has previously threatened to withdraw its service from the UK if any attempt was made to undermine its encryption.
Caroline Wilson Palow, legal director at Privacy International, said WhatsApp’s intervention “demonstrates the breadth of impact of these orders, which could potentially undermine services used by billions of people.” She added: “This rising tide of dissent cannot be ignored.”
The British government believes that breaking through the shield of encryption of systems is vital to protecting the public from terrorist threats and investigating child sexual abuse.
The UK authorities have demanded that Apple enable law enforcement to tap iPhone backups, people familiar with the matter told the FT in January, a process that security experts say would require it to create a “back door” or secret vulnerability in its encryption system.
Under iCloud ADP, an optional layer of extra security for Apple’s online storage system, customer data is stored using end-to-end encryption so that even Apple is unable to access it.
Reports of the UK’s demand prompted criticism from the US authorities, including President Donald Trump and US intelligence chief Tulsi Gabbard.
“We have never built a back door or master key to any of our products, and we never will,” Apple said at the time.
Under the Investigatory Powers Act, recipients of a TCN are unable to discuss the matter publicly unless granted permission by the secretary of state. In April, the Investigatory Powers Tribunal rejected an attempt by the Home Office to keep secret the “bare details” of the litigation after privacy and media groups, including the Financial Times, urged the case to be heard openly.
That ruling officially confirmed for the first time the existence of Apple’s legal battle with the UK government. The Home Office had argued that revealing details of the case, including Apple’s involvement, would be “damaging to national security”.
