UK Effort to Keep Apple Encryption Fight Secret Is Blocked
149 comments
·April 8, 2025HPsquared
p0w3n3d
The problem is the people nowadays can be easily convinced that everything should be accessible, because
Ekhm
They have nothing to hide and...
Ekhm
They will be more safe
Thus the arguments about fighting terrorism and paedophilia...
johnisgood
And in reality it has nothing to do with terrorism, nor paedophilia.
dkdbejwi383
What does it have to do with in reality?
rich_sasha
I find this argument incredibly frustrating.
My view is that wide access to strong encryption carries non-obvious trade-offs, in particular with regards to organized crime. And I don't particularly mean paedophile rings, scooter gangs in London and professional burglars are organized crime too.
It's not that I have nothing to hide, therefore want the government to have unfettered access to everything. I want to ensure that properly overseen law enforcement and justice have access to normal info they need to prosecute crime, and if I have to give up a bit of privacy for it, so be it.
nradov
OK but how exactly do you propose to make that work? With current encryption technology there is no way to give up a bit of privacy: it's all or nothing. Either you have the keys or you don't. If a government has the key then it will inevitably be leaked or misused. The UK government in particular has long been heavily penetrated by Soviet / Russian intelligence.
randomcarbloke
I don't trust anyone to handle my private details properly, especially not an institution that will suffer no repercussions should it mishandle those data.
jjav
Bits on a storage device can never (in anywhere remotely resembling a free society) be a crime by itself. Therefore, there is no justifiable reason for unfettered access to it.
If someone has done a crime, they must have done something, other than store bits on a disk. So go catch them in that act, the way criminals used to be caught before computers existed. If there is no act, there is no crime.
deepsun
How to measure "lack of crime" if depends mostly on people responsibility than policing? You cannot put a policeman watching everyone and themselves.
E.g. I believe Oaxaca must have lower crime rates than Tampico simply because one is convenient drug port and other is not, not because better police.
mschuster91
> How to measure "lack of crime" if depends mostly on people responsibility than policing?
The thing is, a holistic approach to policing is key, and it's not just about putting bobbies on the street, it's far far FAR more what's needed to create a healthy society.
You need a social safety net for the unemployed, decent housing to prevent homelessness and its associated side effects (such as people taking dumps on the sidewalk), an accessible and affordable system of physical and mental health care, accessible options for education (not just of children but also for adults who need to switch careers for whatever reason), assistance programs for released convicts to find stable employment and a place to live, "third places" for the needs of all generations from young to old...
Police as an institution is absolutely needed, but in a healthy society it should be a matter of last resort, not a routine tool that kills or otherwise hurts people. When you as a government have to resort to hiring ever more (and ever more dumb, because the supply of smart people is limited) police to keep the peace, something has gone very wrong at the foundations of the stack that we call society.
deepsun
Yes, that's exactly what I think: it's hard to measure police effectiveness when it's just a piece of the puzzle.
trollbridge
Measuring this relatively simple - sociologists take a survey, sample appropriately, and find out how many people are victims of crime, including ones not reported to police.
deepsun
Ok, let's say it shows that Tampico has way higher number of crime victims. Is their police better or worse than another place with a lower number?
pixl97
>You cannot put a policeman watching everyone
At least until we cover the planet in advanced technology, of which we are getting closer to every day.
amiga386
Users want their secrets to be secret.
Apple wants its users' secrets to be secret.
The UK wants the fact it wants Apple to reveal anyone's secrets to be secret.
HPsquared
There must be a healthy middle ground between mass untouchable criminal communication networks on the one hand, and full panopticon 24x7 for every civilian on the other. Or I don't know, maybe there isn't. But at least the debate should be public.
like_any_other
> untouchable
Surveillance of even just one participant in these communication networks will give the police access to everything they see. And technology massively helps police in this surveillance - hidden microphones (or a laser reading vibrations off a window), cameras, and telescopic lenses and drones can reveal the contents of a screen, the password being typed, every word said out loud. The device can even be fitted with a hardware backdoor, or sabotaged, and its replacement intercepted and backdoored, as the NSA did.
But it can't be done en-masse, against every citizen.
That mere encryption makes communication immune from surveillance, or that there is anything remotely approaching the "going dark" problem, is a naked lie by the surveillance state to scare us into giving away even the tiny scraps of privacy we have left. The truth is law enforcement has far greater abilities to surveil even people trying to hide (to say nothing of the data they get from people sharing their thoughts and social networks on Facebook, or carrying phones with them that let the phone company triangulate them at any moment) than at any point in history. In light of that, we should be talking about further limiting their authority, not increasing it.
bayindirh
> But it can't be done en-masse, against every citizen.
Boy, oh boy.
While I can't detail what I have seen back in 2004, if you have seen what I saw, you'd not do that comment. Even without breaking the encryption, you can collect a great deal of information.
This is why "mere metadata collection" opened the gates of hell (of a backlash) in the US.
ben_w
> But it can't be done en-masse, against every citizen.
Why not, the parts aren't particularly expensive?
Unless the MTBF is really short, like "single digit months", I recon London's Metropolitan Police could have every window in the city under laser microphone for less than their annual budget.
8fingerlouie
The problem is that weakening encryption in public services only hurts law abiding citizens.
The criminals per definition don't care what they use, as long as it's unbreakable, so in the event that strong encryption is outlawed, they'll just switch to illegal encryption, or any other form of secret communication.
If you implement a backdoor in iMessage, criminals will stop using that, and switch to Signal (they probably already have long before this), or setup private message services, or anything in between.
Governments falsely claim that they've always had the right to pry in your private data, but while they've always had the option (provided proper paperwork from courts) to tap your phone and read your mail, they've never been able to simply dig through everything you ever wrote at any point in time. All the so called privileges they had were reactive, going forward in time after they had proven in a court that you should be the target for investigation. If they purposely weaken encryption, they will have unrestricted access to everything you've ever said or written.
Worst case, Weakening encryption for the average user only leads to "minority report" style arrests, where you can be arrested for "thoughtcrime" for something you're written and never published, but because it's no longer a secret, "anybody" can read and interpret on it.
amelius
You are assuming that criminals are not lazy like the rest of us.
And maybe they are even more lazy than average people because that's why they became criminals in the first place.
guiriduro
The only healthy "middle-ground" with secure communication is fully secure, non-negotiable. The fact that some criminal enterprises can use it and aren't trivially exposed to random searches/fishing trips isn't worth abandoning that principle. Normal effective human policing, collecting physical and digital forensic evidence (once through the secure pipe), whistleblowers etc are all sufficient by themselves, but are expensive and require officers not to be lazy. And politicians hoping to trawl for 'thought crimes' and politically expedient criminalisation of free speech becomes much harder and more expensive if secrets are secure, again: just as it should be.
wizzwizz4
In the olden days, when law enforcement wanted to intercept a letter, they would locate the sender, nab the letter before it got whisked away, and read it. (If the letter was sealed, they would copy the seal, so they could convincingly re-seal the letter after reading.) Law enforcement wasn't able to do this with whispered conversations, nor easily identify disguised people without following or arresting them. Things still got done.
I don't understand why computer-mediated communication means we have to choose between a panopticon, or the end of law enforcement. It seems to me that good old-fashioned detective work is still perfectly possible. Sure, there are cyber-enabled crimes, and new classes of cyber-dependent crimes, but each of those is a crime because of an interaction with the physical, human world. Those interactions haven't gone away, and are still amenable to investigation. (At a basic level: how do you know a crime has happened in the first place?)
graemep
Yes, detective work is possible. So are technological extensions to it. For example investigators being allowed (maybe requiring a warrant, or other appropriate controls) to crack the devices for people under investigation.
In fact, things like forcing Apple to backdoor its encryption will not be effective against any but stupid criminals (I admit many criminals are stupid, but the stupid ones are not the most dangerous ones). Once it is known that this can be done, smart criminals will just use other means of communication.
The aim of this is not to help investigate serious crime, it is mass surveillance to deal with things like what the British government has called "legal but harmful speech", or things like "non-crime hate incidents" or minor offences that would not justify putting money into investigations, or civil matters.
I have in mind the way the Regulation of Investigatory Powers act was used to catch people doing things such as not picking up their dog's poo or lying about where they lived to get their kids into a better school.
Crosseye_Jack
The problem is that the cats out of the bag when it comes to encryption.
Let’s just say we can wave a magic wand and make every phone manufacturer include a way that allows only lawful decryption with court orders and the like.
What stops the criminals spinning up their own service that doesn’t? Sure you could make such services illegal, but when has something being illegal stopped criminals from doing it?
All backdoors do is weaken security for everyone else while those who really want secure communications/ storage for their ill gotten gains will still find a way.
Refusing to decrypt is already a crime in the UK (iirc up to 2 years, 5 if the underlying suspicion is terror related).
Fighting encryption in my opinion is like treating the symptoms not the root cause of the problem.
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AndrewDucker
Either there are ways of intercepting information or there aren't. If there aren't then even criminals can keep their conversations secret. If there are then even criminals can intercept your conversations.
cedws
If all of this surveillance made the UK a safe place maybe you could argue it’s worth it. But it doesn’t. Phones are getting snatched, you’ll never see it again. Cars are being stolen in broad daylight. Burglars are getting months in jail. It’s pointless filing a police report for any reason other than for your insurance.
I live in Japan at the moment and the difference is night and day. There are unattended shops here. People feel comfortable leaving their belongings in public. It feels like a massive weight off my shoulders not having to worry and watch constantly.
ta1243
The problem is that in the past you could rely on laws protecting privacy. You send a letter to someone, and it was illegal to open it. You couldn't eavesdrop on a phone call without breaking the law.
You could thus have a judicial system allowing the invasion of that privacy.
Reasonable people don't have a problem with the court system issuing say 200 wiretaps a year when provided with appropriate levels of evidence on a specific person. People don't have a problem with searching reasonable suspects either.
Even when you ignored the law you couldn't do it at scale. The CIA might plant an illegal wiretap, but that will cost them significant resources, they can't do it to a thousand people for a year, let alone indefinitely to a billion people.
Thus it was limited. The police have always been able to assign 50 people in performing a tail on a suspect. That doesn't scale.
Today though you can scale up. If you spoke on a phone, 99.999% of the time nobody will have heard it, despite it being in the clear, you can track people by following their phone signals. Everyone is tracked all the time, and you just need the warrant to pull the tracking detail - including data from before the warrant.
The next step is using that data and feeding it into AI. Currently the bottleneck is analysis - you can track a billion people. but you can only look at 1,000 of them. Feed that into an AI engine and you can analyse everyone.
With wiretapping, today if you send something without end-to-end encryption, your message is read, possibly modified, by trillion dollar companies designed to extract value from your message, so you need end-to-end encryption.
The problem society has is that judges can't then authorise wiretapping, which society agreed was a reasonable action 30 years ago, and 300 years ago. Even in the US with the optional constitutional amendments, allows for
> Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
End to end encryption removes this possibility, there's no middle ground, because you either have
* fully encrpyted and thus immune to warrants
* encryption with backdoor and thus leakable and thus used against you (by corporations or foreign security agencies)
The problem is the scale that modern technology allows, and that means we need new understandings on what's possible. But public debate doesn't do that, it's still routed in the "nothing to hide".
WillAdams
That said, just having the list of who talks to whom is incredibly powerful:
https://kieranhealy.org/blog/archives/2013/06/09/using-metad...
DoneWithAllThat
As I’ve gotten older and more moderate in my political leanings I’ve unsurprisingly revisited some of my earlier absolute positions (usually but not always very liberal) in light of real world considerations.
Encryption and communications privacy is a position I’ve actually gotten more “extreme” on. No, I don’t think the government should get to see anyone’s communication if they don’t want it to. Yes, I know that will allow criminals of the worst kinds to communicate secretly. I’m okay with that. The alternatives are all worse.
Zak
The thing I think a lot of people don't want to acknowledge is that unlike so many issues with grey areas and middle ground, this one is binary: either criminals can have secure communication, or nobody can.
I don't want a world in which nobody can have secure communications, so I must accept that criminals will have it, and police will have to work a little harder to catch them.
It gets worse though. More sophisticated criminals will find ways to do it even if it's illegal, so a law mandating backdoors will hurt the general population and stupid criminals, but not the smart, dangerous ones.
madeofpalk
Parent link seemingly doesn’t have the article when viewed on mobile. This was useful https://www.theguardian.com/politics/2025/apr/07/uk-home-off...
1vuio0pswjnm7
Text-only:
https://assets.msn.com/content/view/v2/Detail/en-in/AA1CsokD
NB. It wasn't Apple who moved to block the secrecy of the hearing. Apple seems content to let UK Apple computer owners mistakenly believe they can trust the company's promises of "privacy". Meanwhile the company was participating in secret hearings with the government concerning computer owners' data.
"The ADP service is opt-in, meaning people have to sign up to get the protection it provides."
Defaults matter. They are intentional. They are chosen by so-called "tech" companies like Apple that interlope as alleged "necessary" intermediaries: "Send us your data and we will store it in our data centres."
Apple's default is "no end-to-end encryption". ADP off.
The judgment referenced in the submission is only the "public" one, a summary. Apple will not publish the "private" one.
The data at issue is not Apple's. But the data owners are absent from these hearings. Their only knowledge of how the "data custodian" Apple advocates, negotiates and capitulates on their behalf comes from vague publicity and the custodian itself.
amiga386
> Apple seems content to let UK Apple computer owners mistakenly believe they can trust the company's promises of "privacy"
Not as far as I see. To me, Apple have been very clear that their "normal" protection can be accessed by governments, and they have withdrawn ADP completely from the UK (users not already using it: now. users still using it: at some time in future) - to let its UK customers know they have no expectation of privacy from their government.
Apple can't stop the government demanding the removal of user privacy. But it can, and did, let all its users know this is happening.
https://www.bbc.co.uk/news/articles/cgj54eq4vejo
> Data with standard encryption is accessible by Apple and shareable with law enforcement, if they have a warrant.
> In a statement Apple said it was "gravely disappointed" that the security feature would no longer be available to British customers. "As we have said many times before, we have never built a backdoor or master key to any of our products, and we never will," it continued.
> Existing users' access will be disabled at a later date.
globular-toast
What a horrible headline. The Guardian's headline reads "UK Home Office loses attempt to keep legal battle with Apple secret".
isleyaardvark
The Guardian has had the most consistent "no bullshit" headlines of any news org nowadays.
gigatexal
I love that judges are saving society. They’re keeping the government here honest. Let’s hope it continues.
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dijksterhuis
shortened judgement available here: https://www.judiciary.uk/judgments/apple-inc-v-secretary-of-...
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amelius
I don't understand people who want to defend Apple in this case. UK is a functioning democracy, and why would you want to put a (foreign) company above that? If you want change, you know the route ...
wzdd
I don't understand your comment. Apple seems to be engaging with the order in the appropriate way under a functioning democracy, i.e. by challenging it in the courts.
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amelius
Yes, but this is the country that invented the CCTV.
like_any_other
Secret trials to enact mass surveillance on an unknowing population (the original demand gagged Apple from talking about it) doesn't sound like a "functioning democracy" to me.
londons_explore
I don't know of any country with fully open governance.
There are always decisions or information which is kept secret/illegal to publish.
Leynos
And which parts of that governance can be kept secret should be subject to continuous review. Openness must be carefully guarded.
like_any_other
"Fully open" is a strawman. These are not names of MI5 agents, or a list of active police investigations. This is a massive breach of privacy of every UK citizen, and forced recruitment of every company into a government informant, forcing them to lie to their users that they're being given privacy, whilst informing on them.
It is trying to keep the existence of the Stasi a secret.
HPsquared
Maybe there's a healthy middle ground.
ohgr
I think you vastly misunderstand or are oversimplifying the problem here. They actually spoke up against a government mandated privacy violation.
What I am worried about really is Google, Meta etc did not speak up against it and likely have had the same requests. So I am worried about some foreign companies complying with my government. And very surprised that one particular foreign company gives more of a shit about me as an end user than my own government.
spacebanana7
Even functional democracies make mistakes. Calling them out is part of the correction process.
Retr0id
"functioning" is a reach.
Leynos
A functioning justice system is an important part of a functioning democracy.
lynx97
Surely you are implying that everything in a "functioning democracy" can be solved by voting... I know a ton of pro-EU people that might want to have a talk with you...
camjw
Surely you're not saying that leaving the EU wasn't democratic?
rodwyersoftware
The UK is not a functioning democracy, at all.
ohgr
Well it is because the judiciary smacked the secrecy side of it down pretty hard to make sure that it was done in public. That's a pretty strong indicator of a functioning democracy.
milesrout
The judiciary is (thankfully) the most undemocratic institution in Britain. It functions well because it is undemocratic. It has no place being democratic. In no sense does its effectiveness indicate a healthy democracy.
rodwyersoftware
The UK has not had any real political activity for 100 years. It's all a show.
If the UK represented the British natives then a lot of things would be happening that would get me banned from this website :)
AndrewDucker
It's run by a government elected with 34% of the vote. Before that, 43% of the vote. Before that 43%. Before that 37%.
None of that sounds like democracy to me.
rapsey
[flagged]
camjw
Come on pal.
We've fallen quite far from the tradition of policing by consent as developed by Sir Robert Peel:
- Whether the police are effective is not measured on the number of arrests, but on the lack of crime.
- An effective authority figure knows trust and accountability are paramount. Hence, "The police are the public and the public are the police."
https://en.m.wikipedia.org/wiki/Peelian_principles
Edit: another choice quote from that article, from the Home Office itself in 2012:
"The Home Office defined the legitimacy of policing, in the eyes of the public, as based upon a general consensus of support that follows from transparency about their powers, their integrity in exercising those powers and their accountability for doing so."