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Apple vs. The Home Office: The Legal and Ethical Stakes of Compromising Encryption

23 July 2025

In the latest edition of Compliance, Ethics and Sustainability (paywall), Julian Hayes, Megan Curzon and Jenna Gayle have published an article about the heated legal battle over encryption between Apple and the UK Home Office.

 

“In their article, Julian, Megan and Jenna conclude that, if the Secretary of State were to push on with the Technical Capability Notice compromising end-to-end encryption regardless of the reservations of the US Administration and Congress, without public support and despite data protection and human rights concerns, that would risk undermining confidence in both UK law enforcement authorities and encrypted messaging generally. The upshot could well be greater mistrust of the state and potential US withdrawal from the Data Access Agreement, which only came into force in 2022 and was, at the time, hailed as a ground-breaking ‘first’ in tackling serious crime.”

 

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Megan Curzon

Associate

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