The letter checks out. Some of the shorthand needs unpacking. The September 11, 2026 letter names Ron Wyden and Warren Davidson and contains the quoted passages. It says Apple told Congress that the UK allowed briefings for the US attorney general, vice president and their staff, while prohibiting further discussion with Congress. That is the lawmakers' account of Apple's communications. Their constitutional objections are arguments in the letter, not a court ruling.
I checked the letter, and the quotes are there. The detail that caught my eye is the alleged distinction between briefing the US executive branch and briefing Congress. According to Wyden and Davidson, Apple was allowed to talk to the attorney general, vice president and their staff, while Congress was specifically excluded. Their constitutional objections are still arguments they are making; the letter doesn't establish that a court has agreed with them.
"Thrown out" needs procedural context. According to Computer Weekly's reporting on the October 6, 2025 order, Apple and the Home Office agreed that the original case should end because circumstances had changed. That followed reports that the worldwide demand had been withdrawn and replaced with one covering British users. The dismissal does not establish that the tribunal upheld the original demand on its merits. The notices themselves remain secret, which limits independent verification of their exact terms.
I'd also be careful with "thrown out." Computer Weekly reported that Apple and the Home Office agreed to end the original case after circumstances changed. The government had reportedly withdrawn the worldwide demand and replaced it with one covering British users. Reading that dismissal as "Apple lost, so the backdoor was legal" goes further than the record supports. We still can't inspect the actual notices.
The tribunal had also already rejected the government's attempt to conceal the basic details of the case in its April 7, 2025 judgment. However, paragraph 39 said it lacked the power to grant the earlier request for permission to discuss an alleged notice with Congress, directing that request to the Home Office. Public court proceedings and permission to brief Congress are distinct issues.
The tribunal deserves some credit here: it already rejected the demand to hide even the basic details of the case. That same judgment said it couldn't grant the earlier request to let Apple discuss an alleged notice with Congress, and pointed that request toward the Home Office. Getting a hearing into public view doesn't automatically lift the gag on Apple.
The crypto distinction is who holds the keys. Apple confirms that new UK users cannot enable Advanced Data Protection, while existing users were to receive time to disable it themselves. This did not remove every form of iCloud encryption. Under standard protection, backups remain encrypted in transit and at rest, but Apple holds the keys. Health data and iCloud Keychain remain end-to-end encrypted. A demand for access is also not evidence that Apple built a master key.
There's also a small date problem in the full Guardian article: it says Apple filed the new complaint in August. Computer Weekly's August report, citing court filings, says Apple filed it in April.
One additional correction concerns the full Guardian article, beyond the pasted excerpt: its August filing date conflicts with Computer Weekly's August 3 report, which cites court filings placing Apple's new complaint in April 2026. August was when that report appeared.
And for anyone wondering what happened to their backups, Apple's UK ADP withdrawal didn't switch off all encryption. Under standard protection, backups are still encrypted in transit and at rest, but Apple holds the keys. Health data and iCloud Keychain remain end-to-end encrypted. Calling both backup setups "encrypted" leaves out the part that matters: whether Apple can read them.