Top government officials in Scotland are under pressure to explain their knowledge of a secretive police surveillance unit that was exposed in documents leaked by National Security Agency whistleblower Edward Snowden.
On Tuesday, cabinet secretary for justice Michael Matheson was grilled in the country’s parliament about the so-called Scottish Recording Centre and its previously undisclosed involvement in covert surveillance operations.
As The Intercept revealed last week, the Recording Centre is one of several domestic organizations within the United Kingdom involved in a top-secret program named MILKWHITE, which has provided law enforcement agencies with access to “bulk” internet data intercepted by the British eavesdropping agency Government Communications Headquarters, or GCHQ. Prior to the disclosure, few in Scotland knew the Recording Centre even existed — much less that it has been tapping into GCHQ’s troves of data.
In recent days, several Scottish media outlets have picked up the issue, increasing pressure on the government. Questioned about the revelations on Tuesday, Matheson told the Scottish parliament that the government “takes the protection of our citizens’ civil liberties extremely seriously and we are clear that investigatory powers should only be used when it is necessary and proportionate to do so. But we must always balance those fundamental civil liberties with the need to ensure our law enforcement bodies have effective powers to investigate and deal with serious organized crime.”
He declined to comment on any relationship with GCHQ and stated that police must obtain a warrant signed off by a government minister to intercept communications. However, documents about the MILKWHITE program show that it stores metadata about emails, instant messenger chats, and social media activity, meaning it contains information that could reveal the sender and recipient of an email or message, but not the written content. And police agencies in the U.K. do not require a warrant to access this kind of information. They only require a warrant when they want to monitor the content of a communication — for instance, the audio of a call or the body of an email.
Matheson’s response, perhaps unsurprisingly, did not satisfy opposition politicians. John Finnie, a member of the Scottish parliament representing the Green party, said in a statement: “The Cabinet Secretary today attempted to give the impression that all policing activities in Scotland are proportional and that interceptions are independently approved but as we know that is not always the case. There is clearly a culture of bulk collection of data that needs [to be] reined in. I will continue to challenge such over-reaching activities.”
The revelation about the Recording Centre, the first from the Snowden archive to implicate Scotland’s authorities, has put the ruling Scottish National Party in an awkward spot.
Just last week, the party’s leadership took a strong stand against the U.K. government’s push to obtain more surveillance powers through the controversial Investigatory Powers Bill, dubbed the “Snoopers’ Charter” by critics. Joanna Cherry, the Scottish National Party’s spokesperson on justice and home affairs, had raised concerns about the proposed new powers for “bulk” surveillance, which she blasted as “extremely intrusive.”
However, the Snowden documents about MILKWHITE indicate that Scotland’s police forces — through the Recording Centre — have been accessing bulk data for years, presumably with sanction from top Scottish government ministers.
Alistair Carmichael, a Liberal Democrat member of parliament, was quick to point out this inconsistency — and has pledged to take up the issues surrounding the Recording Centre and the MILKWHITE program with the British government’s Home Office in an attempt to obtain more information.
“In the House of Commons last week, [former Scottish first minister] Alex Salmond voted with the Liberal Democrats against Tory moves that would see our internet histories recorded and made available to the intelligence services,” Carmichael said. “Now it seems that a centre established when he was First Minister was at the heart of the mass surveillance of our personal information.”
If it turns out that the Scottish government claims it was not in fact aware of the MILKWHITE program, Carmichael said, it would raise “big questions over the role of the U.K. intelligence services.” And if it were aware and yet “did nothing to raise the alarm, then we need to be told why they were happy for Scots to be left in the dark,” he added.
Scottish police and GCHQ have declined to answer questions about MILKWHITE, citing policy not to comment on “intelligence matters.” The Home Office has also refused to comment, claiming that it never discusses anything derived from leaked documents.
Now the Brits also have an excuse to hate Snowden. Their top officials, quite like James Clapper in the US do get embarrassed when the world finds out they lie all the time.
After all, it is widely known that making decisions on too little information can be dangerous. I think the say goes, “one has just enough information to screw it up.”. And that is the basis of the “GOTTA KNOW IT ALL” powergrab for spying on everyone.
There is an ad by some major corporation that goes “The more you know….”.
Perhaps the planet is just cracking up.
I am very interested to see how this ends because Scotland is so much smaller than the U.S. so I am intrigued to see what they can get accomplished.
Yes, because one small victory can lead to many more. Let’s keep the ball rolling.
Perhaps this could lead to a renewed push for Scottish independence. (OTOH, this could mean big changes to the SNP…)
Yes, “Absolute power corrupts absolutely”.
Spiritual tales speak on many levels like “The Tower of Babel”.
Each nation or region should be as self-sufficient as possible to ensure better overall quality of life rather than being subject to the lords of greed, consumerism, and power.
Nice, succinct article. Informative. Thanks.
Not informative and a non-existent backlash. Did it mention for example that the GCHQ is not devolved nor is any of its functions are devolved? I assure you that SCOTS are well aware of that. The idea that the First Minister of Scotland had any influence, much less control, over the GCHQ is ludicrous. And Alistair Carmichael attacking the SNP is a given. He hates them quite personally and the feeling tends to be mutual.
For GOD’S SAKE, if The Intercept must write about politics in the UK and especially in Scotland, they need to find someone who has a clue to do wo.
Tomlin, as a Scot, I am sure you are well aware that policing in Scotland is devolved and is therefore under the control of the First Minister as well as our Justice Secretary.
As reported by Ryan elsewhere, the Scottish Recording Centre was based in Glasgow and run by Strathclyde Police prior to it being merged into Police Scotland. It is entirely in the purview of the Scottish Parliament to scrutinise both Police Scotland and Scottish Ministers in regards to policing matters in Scotland.
From Ryan’s earlier article, it appears that MILKWHITE was to provide a massive dump of metadata to police in Scotland for them to then go through themselves.
While questioning how GCHQ collects information may very well be better suited for another place, debating Police Scotland’s use of the data provide to it by GCHQ, via MILKWHITE or otherwise, and also how Police Scotland itself collects information is entirely within the realm of the Scottish Parliament.
If you must comment on stories about the UK, and especially Scotland, please get a clue first.