More #drip

More #drip

The debate continues. The Government and some on Labour’s front bench insist it’s not an extension of powers. The point at detail is whether their new definition of “telecommunication service” extends legitimate targets for warrants beyond that which it was previously understood be, to include webmail providers such as Google. It is clear that the new law extends the ability to issue warrants to overseas entities such as Facebook. I thought they were tapping email at the ISP’s mail forwarding queues so why they need this is unclear. The Tories insist it’s not an extension, it merely restates the status quo; but since they think that what GCHQ have been doing is legal then taking the opportunity to clarify the grey areas is not a problem to them. What troubles me is the ease with which the Labour & LibDem front benches agreed.

The Court of Justice of the European Union has declared the blanket retention of data by the ISPs to be illegal. The status quo is thus illegal, even if GCHQ were behaving inside the rules set down by RIPA, which we will discover when it gets to court. The Tories and securocrats should note that their idea that it ain’t surveillance if it’s not seen by people is controversial; it is not an agreed truth. Is this just another securocrat stampede as was the Official Secrets Act, RIPA & the Prevention of Terrorism Act or is there a specific fear? Is it the US use of British intelligence to target drone strikes? And what happened to the legality of spying in the economic interests of the British economy? Did that stay in? …

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. …

Spying and Network Effects

Spying and Network Effects

At Don’t Spy on Us’ Day of Action, I attended the seminar/panel “Changing the Law to uphold our privacy”. Amongst the speakers were Ross Anderson, Claude Moraes and Mark Stephens. Ross Anderson works at the University of Cambridge, where he is Professor of Security Engineering. He blogs at “Light Blue Touchpaper”. To me the most memorable contribution, was from Anderson, where he shared his views developed while researching and writing his paper, “Privacy versus government surveillance: where network effects meet public choice”.  …

What do London’s MEP candidates think about digital?

ec-london

Yesterday the Open Rights Group held its final European Parliament hustings at Shoreditch Village Hall in Hoxton, London. It’s been a while since I visited and it’s certainly cleaned up well. It was great to be there. On the way in, I met Claude Moraes, Labour’s spokesman who told me that the Tories non-attendance was deliberate policy. I don’t know if it’s shame at their behaviour on the lobbying around the data protection directive or fear of a digitally educated audience. The meeting was moderated by Glyn Moody, who led the meeting through the issues of privacy, surveillance, whistle blowing, net neutrality, lobbying and copyright reform. The Tories absence meant that representatives from Labour, the LibDems, both represented by incumbents Claude Moraes and Sarah Ludford,the Greens (Danny Bates) and UKIP (Paul Oakley) who were not, were present. …

Privacy is a Human Right, get over it!

Privacy is a Human Right, get over it!

The European Parliament, last Wednesday voted on a resolution coming from its Civil Liberties committee which determines the European Parliament’s response to the NSA’s democratic over reach. As Glyn Moody points out in his Techdirt article, in order to become binding, it will need to be agreed by the Council of Ministers where their votes are directed by the Governments of the EU member states. …

The day we fight back

The day we fight back

I have just spent the evening at the London #Cryptoparty, called on #thedaywefightback. The night was originally planned as an ORG planned Cryptoparty, an un-seminar on how to use your computer and the internet safely and minimize your chances of being spied upon, but the campaign, “Don’t Spy On Us” has been launched by English Pen, the Open Rights Group, Liberty, Article 19, Privacy International and Big Brother Watch. The campaign watchword is their 1st principle, “No surveillance without suspicion”. …

Surveillance: Lawyer says No

Surveillance: Lawyer says No

Parliament’s All Party Parliamentary Group on Drones, chaired by Tom Watson MP as received QC’s advice on the legality of British Intelligence’s mass surveillance, reported here in the Guardian and the lawyer says the programmes are probably illegal and that any warrants signed by politicians will be in breach of UK Law,  the European Convention on Human Rights (ECHR) and the EU Acquis. Watson points at this article from his blog here. The legal justification is based on RIPA, the Regulation of Investigatory Powers Act and Jemima Stanford QC states that it is not fit for purpose given the changes in technology in the last 10 years. …

Who watches the Watchmen?

Who watches the Watchmen?

In the continuing story of the NSA and their five eyes attempts to do to the world what the GDR’s Stasi did to East Germany, someone finally asks how did we let GCHQ capture and process the internet traffic of the British people, those using the transatlantic internet cables and using the decryption technology to spy on allies and diplomats engaged in economic talks and treaties. On the 31st October, Julian Huppert MP with cross bench support from Tom Watson MP and Dominic Rabb MP managed to get time in the Westminster Hall committee room to debate Parliament’s oversight of the Intelligence agencies, specifically GCHQ, but let’s not forget our old friends, the burglars at MI5.  The debate was broadcast on Parliament TV, and transcribed in Hansard here. Both the Video and Hansard report the debate verbatim, and so if you want to hear what the MPs said, then you’ll have to use those resources. The rest of this article is a personal comment on the meeting. …

What was said at the ORG meeting on the surveillance state?

What was said at the ORG meeting on the surveillance state?

The openrights group meeting at #lab13 was held, and has been reported at their web site in an article called ‘Tom Watson MP: “The surveillance state is running amok and Parliament has absolutely failed.”‘ They have caught the opening speakers, Paul Johnson from the Guardian, Nick Pickles of Big Brother Watch, Javier Ruiz (ORG) and Tom Watson MP on video which I recommend you watch, although I have precised the contributions below. …