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Published: February 13, 2025
Hello all, and happy Thursday!
Apple has been “secretly” ordered to create a backdoor that would give UK officials access to users’ encrypted iCloud backups.
Apple device users have the option to enable Advanced Data Protection, a feature that turns on end-to-end encryption, effectively blocking out third-party access (such as the UK and other governments, hackers, etc.) and even access from Apple itself.
Seeking to circumvent this protection, the UK government served Apple this order under the Investigatory Powers Act. The act also makes it illegal to reveal that you were served such an order. Obviously, in this case, the order was leaked.
But that begs the question: How often are such orders effectively kept under wraps? How often are they acted upon?
End-to-end encryption is the preferred method of digital communication for privacy-conscious individuals. Had this order not been leaked, however, Apple users would have no idea that enabling Advanced Data Protection amounts to little more than plugging a leaky boat with scotch tape.
Apple hasn’t commented on whether or not it has complied yet, but it has a long history of resisting such orders. The question is whether the next Big Tech company feels so strongly about user privacy.
Best,
Arlo
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Apple has reportedly been ordered by the UK government to create a backdoor that would give security officials access to users’ encrypted iCloud backups. If implemented, British security services would have access to the backups of any user worldwide, not just Brits, and Apple would not be permitted to alert users that their encryption was compromised.
Data protection authorities imposed over €1 billion in fines in 2024, but activists complain that violations of the law far too rarely result in penalties. The noyb (“None of Your Business”) association with its CEO Max Schrems even speaks of “inactivity of national data protection authorities.” On average, only 1.3 percent of all cases before the data protection authorities result in a fine, the activists report, citing statistics from the European Data Protection Board.
On February 2nd, the EU AI Act’s prohibition on certain AI practices came into effect. A few days later, the European Commission issued draft guidelines clarifying the practices that are prohibited under the act.
DeepSeek may face more actions from national regulators in the future, said Europe's privacy watchdog said a spokesperson for the European Data Protection Board. After Italy blocked the Chinese AI chatbot over a lack of information on its use of personal data, national privacy regulators met to discuss DeepSeek and its compliance with the GDPR.
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA)—and could begin to redefine digital privacy litigation. Two separate California state courts dismissed claims involving website tracking technologies last week, providing solid defenses for businesses to deploy if faced with similar threats or lawsuits.
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Arlo Gilbert is the CEO & co-founder of Osano. An Austin, Texas native, he has been building software companies for more than 25 years in categories including telecom, payments, procurement, and compliance. In 2005 Arlo invented voice commerce, he has testified before congress on technology issues, and is a frequent speaker on data privacy rights.
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