US Intelligence backs Apple over UK encryption backdoor demands

The Director of National Intelligence was apparently blindsided when the UK demanded that Apple open an encryption backdoor, and says that lawyers and other agencies are on the case.

To avoid having to comply with the UK government's legally binding but entirely secret demand, Apple switched off certain end to end encryption in the country. The UK's unprecedented demand for spy access to all users' encrypted data sparked controversy worldwide, including a bipartisan response in the US.

Senators Ron Wyden (D) of the Senate Intelligence Committee and Andy Biggs (R) on the House Judiciary committee, wrote to Tulsi Gabbard, the new National Intelligence Director about the issue. Gabbard has now replied, saying the US was not informed of the secret order, and expressing her "grave concern" over the UK demanding data over US citizens.

In her full reply to the senators, Gabbard notes that the UK was able to compel Apple not to reveal the existence of the order. She says that she learned of the demand through press reports and is now preparing to talk with the UK government.

Specifically, she has engaged a senior Intelligence Community officer to investigate, with the assistance of the FBI, NSA, DIA, DHS, and CIA agencies. Gabbard has also directed lawyers to examine the implications of the UK's actions in terms of the bilateral Cloud Act agreement that it and the US are party to.

"Upon initial review of the US and UK bilateral CLOUD Act Agreement, the United Kingdom may not issue demands for data of U.S. citizens, nationals, or lawful permanent residents ('US persons'), nor is it authorized to demand the data of persons located inside the United States," says Gabbard in her reply.

"Our intelligence relationships with foreign partners are of vital importance to our national security," she continued, "however, my obligations as Director of National Intelligence include protecting both the security of our country and the God-given rights of the American people enshrined in the U.S. Constitution."

What happens next

The UK's demand for a spy backdoor into iOS on iPhones would have allowed it access to data from citizens in the US and anywhere in the world, as well as the UK. It is now likely that this is in contravention of the UK's agreements with the US.

However, Apple switching off encryption in the UK may well have been the aim of that country's government all along. It gets the access it wants to all UK citizens, but not US ones.

Yet forcing Apple to disable encryption means that security and privacy is weakened for all users who engage with the UK. Consequently, US users whose end-to-end encryption remains intact could still be compromised by bad actors accessing it via any UK contact.

While not directly addressing this possibility, Director Gabbard's closing comments about the importance of intelligence relationships will be interpreted as a threat. It is possible that the US will reduce or stop its intelligence data sharing with the UK.

Apple has not commented on the Director's response, but the company is also legally unable to do so. It is doubtlessly appealing against the demand in the UK, but until that secret appeal concludes, Apple has to either comply or keep end-to-end encryption switched off.