Tag Archives: Digital surveillance

Government, Intelligence, National Security, Society, Technology

Britain’s security and intelligence services: Responsibility not just power

SECURITY SERVICES

Intro: Given the extent of their reach and a recent parliamentary report into their activities an operational realignment is called for

Our security and intelligence agencies face greater challenges today than ever before. Advanced and sophisticated technology has become commonplace, and the world strains to keep up or nearly buckles under the weight of our digital communications. Monitoring the activities of terrorists, criminals and other malign forces have become difficult to spot because of the subversive methods they use in defying detection.

Bodies such as GCHQ, though, are hardly mere victims of the electronic advance. You may often hear security chiefs talking about their desperate searches for needles in haystacks, but the fact is they have an impressive operational capacity to cut through a lot of the chaff in order to find what they seek.

The Security and Intelligence Services (SIS) ability to obtain and examine vast swathes of raw data and processed information has been furiously debated ever since the revelations of Edward Snowden, the US fugitive, about how the British agency received data relating to UK citizens from America’s National Security Agency up to 2014 – a practice which was branded unlawful by the Investigatory Powers Tribunal. Notwithstanding, there will always be a divergence of views between those who place primacy on GCHQ doing anything in its power to maintain public safety, and those who feel unease at the prospect of innocent people being subjected to continued intrusion.

Earlier this month a report on these matters by Parliament’s Intelligence and Security Committee was a notable intervention. The committee members, like many of their peers across other government departments, believe that the bulk collection of data by GCHQ is legitimate and does not amount to unjustified, Orwellian surveillance. But they do appear to accept that the current legislation, which sets the parameters for such activities, is overly complex and lacks transparency. The legislation may have political oversight in regulating the activities of SIS, but its lack of public transparency and accountability was summed up well by the committee’s description of the existing legal framework. Intelligence agencies, they said, were being provided with a ‘blank cheque to carry out whatever activities they deem necessary’. In essence that is a damning indictment on the legislation that governs the work of our intelligence agencies. The committee has called for a new, single piece of legislation to replace and clarify current statutes as a matter of priority by the next government.

The discovery that a handful of intelligence officers have misused surveillance powers and have subsequently been disciplined by their superiors should also be of concern. The committee may speak reassuringly about the number of wrongdoers being in ‘very small single figures’ but the disclosure will hardly boost public confidence in the integrity of Britain’s security personnel. The recommendations of the committee are right, therefore, to suggest that the next government should consider criminalising such improper use of surveillance techniques.

Despite these positive proposals, there is nevertheless something troublingly simplistic about the committee’s top-line conclusion about GCHQ’s bulk interception capability. It says soothingly: ‘GCHQ are not reading the emails of everyone in the UK’. Whilst it is true that thousands of emails are read by security analysts every day, and that there remains a feeling that individual privacy of citizens comes a poor second to other considerations, few would have suggested otherwise against GCHQ’s simple assertion. That may be comforting for some, but surveillance does have the ability to antagonise as well as protect.

At a time when threats to this country are at a pitch not previously seen Britain’s security and intelligence agencies have a difficult job in tracking and monitoring those who wish to do us harm. But it must not be forgotten that the powers invested at their disposal are immense and more than proportionate for which they are needed. Simply asking that they be used responsibly is surely reason enough to help appease those who clamber to an argument of unnecessary state intrusion into many innocent people’s lives. Such a request stems from a belief that the glue which binds British society is primarily the combined force of its liberal values, not one that erodes it through a heavy-booted security capability.

 

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Britain, European Court, Government, Human Rights, Legal, National Security, Politics, Society

Surveillance legislation: Conflicts exist between freedom and security…

SNOOPING LAWS

The announcement of a new surveillance law has fostered the suspicion that a voracious security state is elbowing aside the rights of civilians to communicate in private. There may well be cause for mistrust – but such concerns lie in the manner of the law’s introduction, and much less so the provisions it contains.

The UK Government justifies bringing in ‘emergency’ legislation as it intends to keep a full-blown register (a ‘who’s who of public enemies) that will shore up the power of government bodies to gather data on British citizens.

This is a law which has been agreed upon in principle by party leaders at Westminster behind closed doors. The speed of its introduction has raised many eyebrows, not least because this is a process that has not been open to public consultation and one which clearly adds to the impression that the Government is seizing for itself unwarranted powers.

In reality, though, the ‘emergency’ being enacted upon is more banal. In a few years, the law may actually benefit the libertarian cause. The exact cause for adopting parliamentary legislation in the first place is down to a legal case launched by the Open Rights group. Although the organisation is temporarily dormant, it has been made active following an April ruling from the European Court of Justice (ECJ). That ruling would have lifted the requirement for telecommunications companies to keep a wide range of billing data on their customers for a period of 12 months.

Keeping this data available to the authorities is the reason for instigating emergency legislation. This is preferable than to suddenly ‘going dark’, and appears to require no immediate development in changing the status of our security. Important concessions have been conceded: an independent privacy and civil liberties board is to be created, and there will be a review of the Regulation of Investigatory Powers Act (RIPA). This sets the limit on digital surveillance. The emergency amendments will also expire in 2016, so that new laws can be created once the review has been completed and appraised.

Some critics argue that what we need is smarter surveillance, not yet more of it. This far reaching extension of government spying on our daily lives, they say, would be illiberal and possibly ineffective.

Since this Bill is also about interception (and not just retention of data) many people will want to know what the additional protections will be if we are to have any confidence in such powers. One requirement is greater transparency so that we know how and why this data is being used. Government openness around surveillance can be improved without compromising security.

The Government has promised an annual transparency report. The concerns of libertarians will be whether it is sufficiently comprehensive, but that can only be deduced once the full details are known. In his annual report, the Interception Communications Commissioner, Sir Anthony May, said: ‘The unreliability and inadequacy of the statistical requirements is a significant problem which requires attention.’ Sir Anthony also expressed ‘considerable sympathy’ with those who are hazy and unsure about the details and implications of snooping legislation.

The Government has made a strong case for law enforcement agencies to be given access to communications traffic (which precludes its content as this would require a warrant) in the investigation of serious crime and terrorism.

The Coalition remains divided over how wide the new powers should be. The Prime Minister has indicated that he favours revisiting the option of wider snooping powers, but Nick Clegg remains opposed. But however surveillance legislation evolves it is right that a sunset clause exists in the Bill to curtail its powers in 2016. That forces a renewal by the next Parliament – but only after a wider democratic debate about how best to strike the balance between privacy and security.

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