No safe space

No safe space

I made a storify after the election, and its terrorist disruption about the, mainly Tory response in blaming the internet. I don’t make the point that the Northern Ireland “troubles” were pre-internet but I do talk about the Tories, and May’s instinctive response is to censor and silence dissidents. I also point to Amnesty International’s critical report on the UK’s surveillance laws. I transferred this to the blog, as at the original date of publication, once Storify announced they were abandoning their service.

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Policy

I wrote a piece on my essay blog trying to resurrect my thoughts on the #digitalliberty agenda just before the election. The thoughts were formed and committed to writing in 2014 and I said in the article that I thought they’d stood the test of time.

On second thoughts I think it’s weak on

  1. the right to privacy being a right to use encryption
  2. a failure to recognise that access to records created for fighting serious crime may have unacceptably low thresholds of access i.e. no-one is checking that the use is about serious crime
  3. justice must be public and require human judgement; algorithms can’t be judges (although it does cover that!)

Third thoughts would be that the Digital Economy Act 2016 widens the definition of criminal file sharing beyond reasonable and proportionate. …

Manifesto bingo, digital liberty and the internet

Manifesto bingo, digital liberty and the internet

I have had a look  at the manifestos and see what they have to say on the internet and Digital Liberty. I have been very influenced by the EDRi voting exchange and summarise the issues of Digital Liberty as e-citizenship, equality before the law, privacy and copyright reform, to which for this election we must add internet governance and industrial & innovation policy. I have created a table summarising the positions of the Tories, Labour, LibDems and Greens. Possibly I should have analysed the SNP manifesto since much of this is Westmister reserved powers. I was hoping to write something easy and quick to read. I don’t think I have succeeded. My super summary is in the figure immediately below, and here is the table I built to help me write this article. (I lost the excel file, so this will have to do!)  My main source was the ORG pages but I have been reading the Labour Manifesto also. I feel that the opposition parties have suffered from the surprise; they probably expected more time to develop their promises. All three opposition parties 2015 manifestos covered these issues in more depth.  …

Digital Liberty, a baseline

Digital Liberty, a baseline

I am preparing to write a blog on Digital Liberty and the Parties’ manifesto positions. I was looking to see how I categorised the issues so I could create a summary view and I found the motion that was the basis for my previous submission on policy. This text has been recovered from a Labour Party motion carried at the Lewisham Deptford GC at their April ’14 meeting. I used it as the basis for a submission to the LP’s New Britain site which they have, of course shit canned; it was their policy development site. I think the motion stands the test of time.  …

The Digital Economy Act (again)

The Digital Economy Act (again)

The Digital Economy Act 2010 showed the long term goal of the entertainment industry, they want to criminalise file sharing. At the time, individual acts of copyright infringement were civil acts and the copyright owners had to pursue them through the courts, one at a time. This is expensive, slow, uncertain and most importantly expensive, compared with the cover price of a CD or DVD. The DE Act did that, it also sought to automate the justice system and in order to do that it weakened innocent until proven guilty, by prescribing defences and also placed a charge on going to court to argue not guilty. It really was a shit piece of legislation. However, the Law stated that the costs of surveillance and discovery had to be shared by the copyright owners and the internet service providers. The Courts struck down this part of the Law, (see here … for more)  …

Why you should be bothered about the Snoopers Charter

Why you should be bothered about the Snoopers Charter

Late last year, the UK Parliament passed the Investigatory Powers Act 2016. This law builds on the Regulation of Investigatory Powers Acts and the Data Retention Laws. This law allows the Government to store all our electronic communications traffic, read the content and meta data and co-opt the product and service vendors to help them. I describe this in more detail below.

The Law was written in the aftermath of Court of Justice of the European Union’s (CJEU) ruling in the Schrems vs. Facebook case that the EU’s Data Retention Directive and hence the member state implementations were in contradiction to the EU’s human rights law, the Charter of Fundamental Rights. Parliament had considered aspects of these proposals twice before under the two previous administrations and rejected them.

This article looks at the new Law, criticises it on Human Rights grounds in that it jeopardises the right to privacy, the right to organise, the right to a fair trial and rights to free speech and on IT Security grounds in that the new regulation of encryption products jeopardises access to electronic trust and privacy. It also examines the likely impact of the recent CJEU ruling on the legality of its predecessor law, and in passing, likely conflicts with last year’s passage of the General Data Protection Regulation (GDPR) by the European Union.  …

Oi!, You! No snooping on my emails and chat!

Oi!, You! No snooping on my emails and chat!

Earlier this week, the Court of Justice of the European Union delivered its judgement on the legality of the UK & Swedish data retention and surveillance laws. They confirmed their ruling from 2015 that general monitoring is illegal, that retention must be specific and is only allowed to combat serious crimes, that access to surveillance records must be authorised by independent authorities and that EU data subjects must be have access to legal remediation if their rights to privacy are breached. The Guardian report on it here, the Independent here ,the Register here and even  the Daily Mash comments here. The UK’s Investigatory Powers Act also gives the government the right to mandate backdoors in UK operated communications products; these powers may also fall foul of the prohibition on general monitoring and the need for independent review. While the ruling is specific to the UK’s DRIPA law, which has now been replaced by the Investigatory Powers Act, it poses a clear challenge to the legality of the new Law. …