American lawmakers have expressed concern over the possibility that the British government might compel U.S. tech companies to develop mechanisms granting access to encrypted communications. Google’s refusal to deny receiving a secret directive from London has further amplified suspicions regarding pressure exerted by British authorities.
Earlier reports indicated that the UK issued a similar demand to Apple through a “Technical Capability Notice” (TCN). According to publicly available sources, Apple intends to challenge this request in a confidential court proceeding. Nevertheless, the company itself can neither confirm nor deny receipt of such a directive due to restrictions imposed by Britain’s Investigatory Powers Act.
A group of U.S. congressmen issued a letter condemning the secretive nature of these proceedings, arguing that such secrecy impedes congressional oversight and undermines the protection of American users’ data privacy. According to the congressmen, Apple stated that even if the company had indeed received a TCN, UK legislation forbids disclosure of this information.
Conversely, companies that have not received such notices are free to publicly state so. Consequently, Google’s silence has raised alarm, especially as the congressmen’s letter highlights Google’s statement to Senator Ron Wyden’s office that, were the company to have received such an order, it would be prohibited from acknowledging it.
Experts, including representatives from British intelligence agencies, argue that processes granting access to encrypted messages demand increased transparency. Scholars contend that the UK Home Office’s continued refusal to confirm or deny the issuance of such directives is increasingly untenable and unjustifiable in today’s climate.
