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Apple’s ‘Warrant Canary’ Absent From Latest Transparency Report, Hints At New PATRIOT Act Demands

Giuseppe Macri Tech Editor
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Apple’s new pro-privacy campaign may include a hidden warning about new government requests for its users’ data.

In 2013 Apple released its first transparency report intended to give consumers greater access to information about the frequency and types of data requests it receives from the federal government. That first report included a so called “warrant canary” — a statement used by a company or organization intended to let the public know that so far, the entity hasn’t been subjected to a certain form of law enforcement subpoena. (RELATED: Apple Will No longer Unlock iPhones For Law Enforcement, With Or Without A Warrant)

“Apple has never received an order under Section 215 of the USA Patriot Act,” the 2013 report said. “We would expect to challenge such an order if served on us.”

The language is now absent from Apple’s 2014 transparency report, which spans the first six months of the year. A review of past reports also revealed the language was missing from the report covering the last six months of 2013, according to Gigaom.

PATRIOT Act Section 215 authorizes the government to force companies to turn over their business records, which, in the case of Silicon Valley companies like Apple, includes data on its users. Section 215 is the likely legal foundation behind NSA’s PRISM program revealed last year, which forced companies including Facebook, Microsoft, Google and Yahoo to assist NSA in warrantless collection and surveillance of Americans’ data. (RELATED: Senate Unveils New NSA Reform Bill, Silicon Valley, Privacy Advocates Praise)

The missing statement likely implies Apple has since become the subject of a Section 215 request, and could be engaged in a legal battle with the government over the request.

Recently unsealed court documents revealing how the government forced Yahoo to comply with NSA show that the company, which tried to fight the government demand in court, was forced to keep its legal battle secret from the public. (RELATED: U.S. Government Threatened Yahoo With Massive Fines To Force NSA Compliance)

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