"The thing is, Apple has made it abundantly clear in no uncertain terms that they will refuse any request by any government to knowingly insert backdoors into their software."<p>They may <i>say</i> that, and it <i>might</i> even be true, but then again, If they were requested by the US they couldn't speak about it nor refuse without explicit court permission.<p>In the U.S., gag orders under the Stored Communications Act (SCA) (18 U.S.C. § 2705(b)) and National Security Letters (NSLs) under the USA PATRIOT Act prevent companies from disclosing they were compelled to comply with law enforcement or intelligence agency requests.<p>Key Regulations:<p><pre><code> Stored Communications Act (SCA) – 18 U.S.C. § 2705(b)
Allows law enforcement to obtain a court-ordered non-disclosure order preventing a company from telling users or the public about the request.
Typically applies to subpoenas, warrants, or other legal demands for electronic communications.
National Security Letters (NSLs) – USA PATRIOT Act (18 U.S.C. § 2709)
Used by the FBI to request customer information from telecom companies, ISPs, and financial institutions.
NSLs often come with an automatic gag order, preventing disclosure.
Companies may challenge NSLs in court, but they remain secret unless a judge rules otherwise.
Foreign Intelligence Surveillance Act (FISA) Orders – 50 U.S.C. § 1805
Under FISA Section 702, the government can issue secret surveillance orders, and recipients are prohibited from disclosing them unless explicitly allowed.
Executive Orders & National Security Directives
Certain classified government surveillance programs, like PRISM, may be protected under Executive Orders (e.g., EO 12333) and other national security laws.
Cloud Act (2018)
While mainly about cross-border data access, it allows the U.S. to enter agreements with foreign governments and may include secrecy provisions regarding data requests.</code></pre>