A few years ago, it would have been unthinkable for the British government to admit that it was hacking into people’s computers and collecting private data on a massive scale. But now, these controversial tactics are about to be explicitly sanctioned in an unprecedented new surveillance law.
Last week, the U.K.’s Parliament approved the Investigatory Powers Bill, dubbed the “Snoopers’ Charter” by critics. The law, which is expected to come into force before the end of the year, was introduced in November 2015 after the fallout from revelations by National Security Agency whistleblower Edward Snowden about extensive British mass surveillance. The Investigatory Powers Bill essentially retroactively legalizes the electronic spying programs exposed in the Snowden documents — and also expands some of the government’s surveillance powers.
Perhaps the most controversial aspect of the new law is that it will give the British government the authority to serve internet service providers with a “data retention notice,” forcing them to record and store for up to 12 months logs showing websites visited by all of their customers. Law enforcement agencies will then be able to obtain access to this data without any court order or warrant. In addition, the new powers will hand police and tax investigators the ability to, with the approval of a government minister, hack into targeted phones and computers. The law will also permit intelligence agencies to sift through “bulk personal datasets” that contain millions of records about people’s phone calls, travel habits, internet activity, and financial transactions; and it will make it legal for British spies to carry out “foreign-focused” large-scale hacks of computers or phones in order to identify potential “targets of interest.”
“Every citizen will have their internet activity — the apps they use, the communications they send, and to who — logged for 12 months,” says Eric King, a privacy expert and former director of Don’t Spy On Us, a coalition of leading British human rights groups that campaigns against mass surveillance. “There is no other democracy in the world, possibly no other country in the world, doing this.”
“There is no other democracy in the world, possibly no other country in the world, doing this.”
King argues that the new law will cause a chilling effect, resulting in fewer people feeling comfortable communicating freely with one another. He cites a Pew survey published in March 2015 that found that 30 percent of American adults had altered their phone or internet habits due to concerns about government surveillance. “It’s going to change how people communicate and express their thoughts,” King says. “For a society that’s supposed to be progressive, that encourages open debate and dialogue, it’s awful.”
Other civil liberties advocates are concerned that the new law will be viewed by governments across the world as a green light to launch similar sweeping surveillance regimes. “The passing of the IP Bill will have an impact that goes beyond the U.K.’s shores,” says Jim Killock, executive director of the London-based Open Rights Group. “It is likely that other countries, including authoritarian regimes with poor human rights records, will use this law to justify their own intrusive surveillance powers.”
Despite the broad scope of the Investigatory Powers Bill, it generated little public debate in the U.K., and did not receive a great deal of coverage in the mainstream press. One reason for this was undoubtedly the U.K.’s shock vote in June to leave European Union — known as Brexit — which has dominated news and discussion in recent months. But there was another major factor for the swift passage of the law in the face of little backlash. The Labour Party, the U.K.’s leading opposition political party, had pledged to fight back against “unwarranted snooping,” but ended up supporting the government and voting in favor of the new surveillance law. “Blame has to be fixed on the Labour Party,” says Killock. “They asked for far too little and weren’t prepared to strongly challenge many of the central tenets of the bill.”
In an effort to placate some of its critics, the government has agreed to strengthen oversight of the surveillance. The Investigatory Powers Bill introduces for the first time a “judicial commissioner” — likely a former senior judge — who will have the authority to review spying warrants authorized by a government minister. It also bolsters provisions relating to how police and spy agencies can target journalists in a bid to identify their confidential sources. New safeguards will mean the authorities will have to seek approval from the judicial commissioner before obtaining a journalist’s phone or email records; previously they could obtain this data without any independent scrutiny.
The U.K.’s National Union of Journalists, however, believes that the law does not go far enough in protecting press freedom. The union is particularly alarmed that any potential surveillance of media organizations will be kept completely secret, meaning they will not be afforded the chance to challenge or appeal any decisions relating to them or their sources. “The bill is an attack on democracy and on the public’s right to know and it enables unjustified, secret, state interference in the press,” the union blasted in a statement last week, adding that “the lack of protection for sources has an impact on journalists working in war zones or those investigating organized crime or state misconduct.”
Other issues relating to how the law will be applied remain unclear. It contains a provision, for instance, allowing the government to serve a company with a “technical capability notice,” which can include “obligations relating to the removal by a relevant operator of electronic protection applied by or on behalf of that operator to any communications or data.” Earlier this year, technology giants Apple, Facebook, Google, Microsoft, Twitter, and Yahoo criticized this power, expressing concerns that it could be used by the government to force companies to weaken or circumvent encryption technology used to protect the privacy of communications and data.
In practice, if the law is used to undermine encryption, it may never come to light. The government included a section in the law that criminalizes “unauthorized disclosures” of any information related to its surveillance orders, which could potentially deter any whistleblowers or leakers from coming forward. The punishment for breaches is a prison sentence of up to 12 months, a fine, or both.
Though the Investigatory Powers Bill will soon to come into force, it is likely to face several lawsuits. There are at least three ongoing cases that could result in changes to some of its provisions. One of these cases is a major challenge in the European Court of Human Rights, which could potentially rule the government’s mass collection and retention of data to be illegal. (Judgments from the European Court of Human Rights remain binding in the U.K., despite its vote to leave the European Union.)
Either way, some are not willing to leave it up to the courts to determine how much of their data the government can vacuum up. One recently established British nonprofit company, calling itself Brass Horn Communications, says it is planning to build a new internet provider that is based on Tor — a tool used to browse the internet anonymously — in an effort to help people protect themselves from the spying. “We should be able to research an embarrassing medical condition, or ask questions on Google, without having to worry about it being stored on a permanent internet record somewhere,” says a spokesperson for the company. “The government has decided that everyone is a suspect, but you can’t treat an entire society as criminal.”
What a colossal waste of time and money. Criminals worldwide are already using static IP’s and end-to-end encryption. So let’s go after all the law abiding people.
Welcome to totalitarian capitalism. resistance? weak. there is no real counter-force to totalitarian stream. only poor angry people can stop the government, not high educated people who are corrupted by the system with very high salaries. chomsky speaks, but never changed anything, he is in closed circle of people, the same as NGOs. they don’t have contact with poor angry people.
reason enough to take up legs :-( are they still people it’s ll a delusion and ass raping them in mental prisons or has any of that abated either now….?
If we start putting records into some other ip will they be accepted too :D. these govt chokers are going to take on alan turings linus paulings and tor networks. what a joke!
This is clearly being done with tacit approval (or at least tolerance) from the populace. It’s really not that surprising for ‘subjects’ of a monarchy. If people accept being subjugated, what can you do? You can’t force them to want freedom.
Any British official who lectures others about freedom and such needs to be ridiculed.
Just thoroughly demonstrates that corrupt power does not back off when exposed. Britain spawned the U.S.A., lead every country with massive camera surveillance, and now even leads America in legally sanctioning treating their own citizens as enemies of the state.
An implemented feature, not a bug:
“King argues that the new law will cause a chilling effect, resulting in fewer people feeling comfortable communicating freely with one another.”
You do not trust people because you yourself are not trustworthy. Sounds funny but it is true.
You prove you are not trustworthy by spying on people – and your reason for spying on them – is that you do not trust them.
CATCH 22 – – – the beginning of the end
No Brexit noise is not the reason that the passing of this bill was not reported in the British media. It is because the mainstream British media is ovine and unthinking.
If mainstream British journalists haven’t the wit to report on a bill that their own union screams is a threat to investigative journalism, we need to change our journalists. Perhaps a flock of sheep would be better.
We’re all Charlie Browns and want to believe Donald Trump WILL hold the corrupt global system firmly to let us kick them into history.
At one time, even British ‘subjects’ would have had some reservations about being spied on 24 hours a day by their government. However, Mr. Snowden has helped to normalize the idea of ubiquitous government spying and so most people simply shrug their shoulders and say ‘at least now, the government will be acting legally’. Criminal activity by the government is always a signal that the law needs to be changed. This is just a case of the law catching up to reality.
@rj_gallagher
Hey Ryan, very concerning from American shores from a Privacy perspective, to say the least.
Specific British Parliamentary commentary because british politicians are infinitely better at expressing themselves than American ones,
“The Investigatory Powers Bill essentially retroactively legalizes the electronic spying programs exposed in the Snowden documents (//Snowden here probably means the NSA, or the National Security Administration) — and also expands some of the government’s surveillance powers. (//can see the argument for and against expanding these powers)”
*activate imaginary IT spy agency based on episodes of James Bond, Jason Bourne, MacGyver, 24 and Man vs. Wild*
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assuming a british xda.developers crew.
SAS Columbia Communication – The NSA stuff is optional, imho. We just keep the peace. The political rhetoric is “Stay Calm, Carry On.” Technically, you’re not able to stop them from doing that. Because I’m a nice dude, you can, technically since Isis is technically just a building on the Epic Systems Campus commanded by Barack Obama where the Health Information Management application is housed.
You could shame them / embarrass them enough where the U.N. Privacy Officer or Privacy Rights Officer would be “big brother” as long as you activate the geneva convention(s) per zimbardo.
PSA! Public Service Announcement:
Terms of Service, Terms & Conditions, Privacy Rights, provider rights & confidentiality, and patient rights & confidentiality are real and important for understanding from an individual human as well as civil rights perspective. Something that every one of you should pay more attention to even now as I type this because you’re just mindlessly using “apps” on your phone with little understanding that they’re just simplified applications for monkeys to use with a graphical user interface (GUI).
Your health record is your data. Keep it private and secure on a cloud-secured drive and/or a backup physical drive location. The same goes for any of the installs of the desktop or mobile operating system (OS or ROM) on your phone(s). Each of your problems are important in case of catastrophic failure and the whole thing tanks from some unforeseen disaster like an epic earthquake or hurricane/tsunami.
You’re people, not sheeple. You can wake up from the Orwellian consciousness because it’s getting ridiculous. Care more about yourselves for god’s sake.
Be concerned with the shit (e.g. mindfulness) that you do on your phones and computers and tablets currently because they’re extensions of yourselves.
On that note, take care of your bodies more. Drink more water, consume quality liquor and beer, get regular exercise and eat healthier foods/beverages/juices.
Throw in some superfoods and protein powder.
It might just be time for some locally-sourced organic co-op and collective action. Broadly distributed and scalable. Nutritional timing is a key to a well-balanced and highly-functioning system!
Ugh Trump and Pence won based on electoral votes and lost in the popular vote. Unprecedented. Gorilla glass and american ignorance too strong to crack this election cycle. We needed Clinton up there with Obama up there stumping/backing Hillary as the current Secretary of State for president strategically. United States politics is fubared for the next 4 years. California Strategic Exit Planning active already led by HyperLoop One and executive team. COnsider recommending remaining democratic states in joining the E.U., U.K., Canada, and/or Mexico for safe haven from Republican wall-building fundamentalists.
Cue Bad Santa 2:
That means all of your activity naughty or nice, the proverbial “nasty bits”, is going to be all over the web potentially. It’s disgusting. You let yourselves get hoodwinked and from a United Nations perspective, over-securitized based on pornographic shame. Amazing, Taxi Dogging are we (Pornhub channel reference – “Fake Taxi”)? Dangerous precedent to set to say the least. We’re going to know your porn watching habits and proclivities and the “porn identity” that you will have already formed based on past year or two consumption (…or more). We can predict what your future consumption will be as well with the appropriate inputs/databases. -mike k.
“Perhaps the most controversial aspect of the new law is that it will give the British government the authority to serve internet service providers with a “data retention notice,” forcing them to record and store for up to 12 months logs showing websites visited by all of their customers.”
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uh what the fuck? laaaaaaaazyyyyyy. Anonymize it and make it open-source. Sherlock Holmes and John Watson much head the new 24 that the British Parliament just wanked through.
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“Law enforcement agencies will then be able to obtain access to this data without any court order or warrant.”
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uh no dudes and dudettes of the future SAS Columbia division and overall SAS, that shit needs to be logged every fucking time data needs to be accessed without a court order or warrant i.e. tl;dr just everytime, fuck wads.
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“There is no other democracy in the world, possibly no other country in the world, doing this.”
Actually the US retention period is 2 years and has been for some years now.
A country that sanctions torture, unlawfully detains “suspects”, kicks off wars, has its police shoot 1,000 per year, spies on its citizens on an unprecedented level, violates other countries’ sovereignty, executes juveniles and kills thousands of people by drones is barely a yardstick for democracy.
Even to an American this scarcely can be a surprise, once Theresa May was in charge. I mean, she is the asshole who has been cheerleading the thing the whole time. And Britain doesn’t have a whole hell of a lot of separation of powers – any dumb idea their head honcho has, is pretty much bound to go through, as I understand it.
At this point I think they should be looking to stockpile flash drives before they’re banned.
British politicians of all political hues who become Home Secretary always go native when introduced to the intelligence services.
Well you can if you’re the queen of jolly old England. GCHQ is part of the 5 eyes. Does this mean the other nations, Canada, Australia, New Zealand will be adopting or have adopted a similar below board bill?
The intercept and its talent are the tip of the spear in this war to protect our civil liberties/chartered Rights. We wouldn’t have the foggiest idea of how pervasive their reach is if it wasn’t for Glenn Laura and Fast Eddy Snowden!
Australia is way ahead with a data retention period of 4 years.
Thank goodness for The Intercept. As usual I take due pride in ruining the nsa’s fun for a period of time; why is it so important for the nsa to spy on me illegally and wirelessly while I defecate and to know how said waste appears en route the sewer? Oh and for the nsa shills on this site, don’t you find it disturbing that you get paid to violate peoples’ rights and be cowards like war criminal jingo fascist coward chief m r?
No other democracy does this? Australia logs data and forces ISPs and telecommunications companies to keep data for at least 4 years. Now our personal information – birth certificates, full names and addresses, and complete phone records and metadata – is being sold by Indian call centre workers for thousands.
Our former Prime Minister, Tony Abbott, wanted to make the teaching of encryption in universities illegal.
power is a hungry monster.
‘Extreme surveillance’ becomes UK law with barely a whimper The Guardian
https://www.theguardian.com/world/2016/nov/19/extreme-surveillance-becomes-uk-law-with-barely-a-whimper?CMP=Share_iOSApp_Other
Still blocking my comments because I could foresee USA turning into usa_naziland?? Time will tell I suppose & that’s not regarding unallowing my opinion.
Whether the law stays intact, users of British Telecom need to either re-engineer or destroy the modems they’ve bought from their government: the bugged modems send copies of all network activity to servers that have been assigned addresses from the US DoD in Columbus, Ohio – therefore, they can be monitored by the US as foreign. In “Full Disclosure ( June, 2013) it was revealed that these 30.150.x.x addresses were usually only a few milliseconds away from any BT customer’s home. So if you’re a UK citizen, your info is sent to a nearby server w. an IP address assigned to the US military. It’s not far fetched to assume that a reverse arrangement also exists for spying on US citizens as “foreign”.
The solution to the problem will be technical, not political. What’s required is Full Disclosure, by whoever has the means to ferret the truth – https://cryptome.org/2013/12/Full-Disclosure.pdf
I suspect this will speed up the adoption of P2P networks and non-government sponsored encryption, where many people interested in their privacy will communicate (for a while anyway) outside the spying eyes of governments.
I recently set up encrypted email, and lemme tell ya, you DO write differently. More serious, less show-offy and more personal. I think in the back of my mind I always knew I had a spying audience in the shadows, and wrote accordingly (usually more defiant, angry, and sarcastic for the NSA agent’s benefit). Try it! You’ll see.
It is heartening to see someone attempting to actually analyse the content of this new bill. By comparison with the last time this bill was tabled, there has been very little coverage whatsoever, even on smaller news sites. Perhaps I’m in the minority here, but I can’t help but feel we should be more outraged over the government trying to retroactively legalise spying on it’s entire population?
Whilst I’m aware I can only speak in layman’s terms, I’m very dubious for how effective this sort of surveillance can be in relation to it’s stated intent in the first place? I can’t really see how drag net collection of such a VAST swathe of data can be of much use if some nutter decides he’s going to blow himself up, unless he’s going to notify his mate in plain English on a known Jihadi site helpfully beforehand? The benefit of possibly stopping one terrorist is MASSIVELY outweighed by the cost of compromising the civil liberties of your entire population.
It’s never going to be a popular suggestion in left leaning risk averse circles, but I’d rather a few innocent people were killed every year in terrorist attacks, than we so fundamentally change our society. What would be the point in ‘winning’ the ‘war on terror’ if we no longer recognise the society we’ve become?
An oldie but still a goody…Benjamin Franklin once said: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
Civil liberties aren’t for the entire population anymore, you see? It’s all gone pay to play. These laws aren’t about “what’s good for society”, they’re about maintaining the status quo through panopticon surveillance.
Bingo!
The fact that not a single large democracy is standing up for their citizens privacy is stunning.
Murder’s next, this IS the nsa we’re talking about here. And gchq.
Outrage should suffice.