Washington Post: ‘Biden Justice Department Downplayed U.K. Demand for Apple “Back Door”’

The US Justice Department told Congress in November that there were no major disputes with the UK over data sharing between communication companies. However, officials knew that British authorities were preparing to demand that Apple create a backdoor to its users' encrypted data. The department reminded the UK of the CLOUD Act's requirement that providers not be obligated to decrypt data. The report did not mention the looming order and said any demands for reduced security would come under Britain's Investigatory Powers Act. Senators Alex Padilla and Zoe Lofgren criticized the November certification, saying it was misleading and suggested the CLOUD Act didn't apply to decryption orders. The lawmakers asked the department to reconsider whether the UK was violating the CLOUD Act by ordering a break to Apple's encryption. The FBI has previously pursued backdoor capabilities in the US but was unsuccessful, and having Apple create a mechanism for another government would have strengthened the FBI's legal position. The Biden administration's behavior has been criticized for looking the other way at a clear violation of the CLOUD Act to help the UK, at the expense of Apple's autonomy and US citizens' privacy. The administration's response was to try to hide the UK's demands from Congress instead of defending Apple or Americans' privacy. This has been deemed "utterly disgraceful" and "unreal" by critics.