Tech Giants Want Court Review of Canada’s Encryption Access Proposal

Major technology companies are pushing back against proposed Canadian legislation that they say could force them to weaken encryption protections without proper court oversight.

During testimony before Canada’s parliament on Tuesday, representatives from Apple and Google called for amendments to Bill C-22, which is currently under consideration by the House of Commons. The legislation was introduced by Canada’s ruling Liberal Party.

The proposed law mirrors similar measures already in place in Britain and Australia, designed to give law enforcement agencies access to encrypted information. Canadian officials say the legislation would enable them to detect security threats sooner and respond more rapidly.

End-to-end encryption ensures that nobody – not law enforcement agencies or technology companies themselves – can read protected data without the proper decryption key.

While Bill C-22 doesn’t directly mandate that tech companies disable encryption on their products, Apple, Google and Meta Platforms have all voiced opposition to the proposal. These companies contend the legislation creates a framework where government agencies could secretly order them to create backdoor access to their systems without informing users or the general public.

During their appearance before the House of Commons’ Standing Committee on Public Safety and National Security, both Apple and Google representatives advocated for explicit encryption safeguards and mandatory judicial review.

“Secret orders are out of step with other democratic countries and would severely restrict companies’ ability to be transparent with users about how their data is protected,” testified Jeanette Patell, director for government affairs and public policy in Canada for Google.

Apple previously received a confidential order to disable encryption in the UK last year, leading the company to remove encrypted cloud backup services from that country.

When Frank Caputo, a Conservative member from British Columbia, asked Erik Neuenschwander, senior director for user privacy and child safety at Apple, whether the company might exit Canada if forced to build backdoors into its products, Neuenschwander declined to speculate.

“I can’t speculate what would happen in that situation,” Neuenschwander responded. “Through this engagement and the continued dialogue, we hope to have positive amendments made to the bill.”