Apple moves to store iCloud keys in China, raising human rights fears - <b>Technical Lobby</b>

Saturday, February 24, 2018

Apple moves to store iCloud keys in China, raising human rights fears

SAN FRANCISCO/BEIJING: When Apple Inc begins hosting Chinese users' iCloud accounts in a new Chinese data center at the end of this month to comply with new laws there, Chinese authorities will have far easier access to text messages, email and other data stored in the cloud.
Apple moves to store iCloud keys in China, raising human rights fears
That's because of a change to how the company handles the cryptographic keys needed to unlock an iCloud account. Until now, such keys have always been stored in the United States, meaning that any government or law enforcement authority seeking access to a Chinese iCloud account needed to go through the U.S. legal system.

In a statement, Apple said it had to comply with recently introduced Chinese laws that require cloud services offered to Chinese citizens be operated by Chinese companies and that the data be stored in China. It said that while the company's values don't change in different parts of the world, it is subject to each country's laws.

The Apple decision highlights a difficult reality for many U.S. technology companies operating in China. If they don't accept demands to partner with Chinese companies and store data in China then they risk losing access to the lucrative Chinese market, despite fears about trade secret theft and the rights of Chinese customers.

BROAD POWERS
Apple says the joint venture does not mean that China has any kind of "backdoor" into user data and that Apple alone - not its Chinese partner - will control the encryption keys. But Chinese customers will notice some differences from the start: their iCloud accounts will now be co-branded with the name of the local partner, a first for Apple.

And even though Chinese iPhones will retain the security features that can make it all but impossible for anyone, even Apple, to get access to the phone itself, that will not apply to the iCloud accounts. Any information in the iCloud account could be accessible to Chinese authorities who can present Apple with a legal order.

"Even very early in a criminal investigation, police have broad powers to collect evidence," said Jeremy Daum, an attorney and research fellow at Yale Law School's Paul Tsai China Center in Beijing. "(They are) authorized by internal police procedures rather than independent court review, and the public has an obligation to cooperate."

"The U.S. standard, when it's a warrant and when it's properly executed, is the most privacy-protecting standard," said Camille Fischer of the Electronic Frontier Foundation.
Apple moves to store iCloud keys in China, raising human rights fears
WARNED CUSTOMERS
Apple has given its Chinese users notifications about the Feb. 28 switchover data to the Chinese data center in the form of emailed warnings and so-called push alerts, reminding users that they can chose to opt out of iCloud and store information solely on their device. The change only affects users who set China as their country on Apple devices and doesn't affect users who select Hong Kong, Macau or Taiwan.

Until now, Apple appears to have handed over very little data about Chinese users. From mid-2013 to mid-2017, Apple said it did not give customer account content to Chinese authorities, despite having received 176 requests, according to transparency reports published by the company. 

Sharon Hom, executive director of Human Rights in China, said the Chinese Communist Party could also pressure Apple through a committee of members it will have within the company. These committees have been pushing for more influence over decision making within foreign-invested companies in the past couple of years.

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