We have a choice

We have a choice

The events of the weekend have led me to the conclusion that my review of the manifestos as they relate to the internet and civil liberties were too factual and too dry. Over the weekend, three islamist terrorists attacked London with a white van and knives. It is now believed that at least one of them has been radicalised by Al-Muhajiroun a banned group and had been, yet again, notified to the security services and police. I suspect we’ll learn more over the next couple of days. This was a week after an attack in Manchester on a concert. Overnight the political parties agreed to suspend the campaign for the following day, but one of the parties broke that agreement. I look at the responses of May and Corbyn, linking to their speeches and analyse the meaning of the promise to deny the terrorists a safe space on the internet, to increase prison sentences together with the impact of the cuts to the police and intelligence service staff numbers. 

Parliamentary Sovereignty’s best sell by date

Parliamentary Sovereignty’s best sell by date

I went to the Labour Campaign for Human Rights meeting in the Commons yesterday, the keynote speaker was Kier Starmer, the Labour Brexit spokesman. He opened his speech stating he had voetd “Remain” based on jobs and rights and woke up on 27th June asking what world we live in. He argued that now we needed to accept democracy and that UK’s politics is about the new relationship with the EU. He argues we need to re-root our rights in UK law! (What like the Human Rights Act?) Labour is proposing a new Law to transcribe the EU’s rights and protections into UK law, but under the Tories this will be weak since the Tories are not planning to bring the “Fundamental Charter of Rights” across into UK law.

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.

Sovereignty

Sovereignty

I don’t think the facts around Human Rights and Sovereignty are being well exercised. I have just seen a post on Facebook where someone claimed that Britain was being ruled by the ECHR in Strasbourg. In the words of Captain Blackadder, there’s only one problem with this theory. I thought I’d put this right

RemaIN

RemaIN

On June 23rd, there will be the most important democratic decision taken in the UK, ever. The British People and those of Northern Ireland will be asked if they wish to remain in or leave the European Union. I am firmly of the view that both collectively and individually we will be better off, have more freedoms and a richer political, and non-political culture if we remain in. Like others, I have a list of issues that I believe need to be considered, mine are, Jobs & Prosperity, Citizenship Rights, Sovereignty and Peace & Hope.

Labour’s Human Rights champion

Labour’s Human Rights champion

Left Foot Forward publishes an article “Who is the ‘human rights candidate’ for Labour’s leadership?”. This is based on a post on the Labour Campaign for Human Rights, who publish the candidates answers in their own words  on their own blog.  One of the LCHR’s questions was on Surveillance, and none of them have consulted me ;), but Cooper and Burnham both support the need for judicial authorisation and probable cause. Kendall and Corbyn both support strengthening the legal framework in favour of civil liberties. Kendall states she opposes the privacy breaches inherent in mass surveillance. Corbyn that he thinks mass surveillance is ineffective (and thus not justified?).

English Revolution

English Revolution

I have just seen the first of Melvyn Bragg’s documentaries in a two part series called “Radical Lives”. This was about John Ball, a radical priest in England who in 1381 supported the Peasants Revolt. The documentary does a fine job in describing the feudal economic and racist oppression by the scions of the Norman invasion. The original poll tax was levied at this time and the reaction from the peasantry was swift and violent. They rose up and marched on London, sacked the Tower of London and executed several leading government officials.

Left & Right Wing Rights

Left & Right Wing Rights

One of the big stories from the Tory Party conference is the resurrection of the proposal to leave the European Council’s Human Rights court. Several correspondents elsewhere question both the moral sense and the political tactics of pursuing this policy. David Allen Green has created a page on his blog to act as an index on the pro and anti views and includes links to the Conservative Party proposals and press release; the views of most lawyers are against the proposed reforms.

Oh Shit! You mean spying on everyone is illegal?

Oh Shit! You mean spying on everyone is illegal?

Better change that then! In April, the Court of Justice of the EU, ruled that its 2004 Data Retention Directive mandating Information System Services Providers to store all their records for 12 months was declared incompatible with the EU’s Fundamental Charter of [Citizen’s] Rights. It and all the national laws implementing the Directive need to be reviewed to see if they remain legal. Last week, the Government announced that it planned to introduce new laws to plug the gap. This is to be called the Data Retention and Investigatory Powers Bill/Act. (DRIP) which they plan to pass in less than ½ a week using emergency provisions and the agreement of the Labour front bench.

Both sides of the jurisdictional fence

Both sides of the jurisdictional fence

In an discussion thread in a BCS group on linkedin, I commented on the bind that US companies have in attempting to meet European Privacy Laws and the US requirement to co-operate with their law enforcement authorities. Some raised the issue of extra-territoriality as based on the location of the storage medium, I said,

The US jurisdictional claim is over the ownership of the storage media not its location. The EU’s jurisdictional claim is over ownership of the data. The current state of law means that it is not possible for US companies to obey the European duty of privacy and the US duties of disclosure.

I should add that the US legal system has some difficulty in accepting privacy as an inalienable right as well as accepting that it is universal; they believe the rights to privacy from government intrusion only belongs to its citizens. This is the inexorable logic of the republic.