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Time for surveillance transparency


Today the three heads of Britain's intelligence agencies appear infront of Parliament's Intelligence and Security Committee in a televised hearing, the first time for such a hearing to be broadcast. Progress, yes, but let's not get ahead of ourselves - the head of the CIA first appeared on TV speaking to congress in 1975, so it's hardly a revolution in oversight. Today we have published new polling by

GCHQ faces legal action over mass surveillance


Today Big Brother Watch, working with the Open Rights Group, English PEN and German internet activist Constanze Kurz, has announced legal papers have been filed alleging that GCHQ has illegally intruded on the privacy of millions of British and European citizens. We allege that by collecting vast amounts of data leaving or entering the UK, including the content of emails and social media messages, the UK’s spy

Patients win choice of sharing medical records


Earlier this year, we led the concern that a new NHS data sharing plan would see every patient's medical records uploaded to a new information system without the right to opt-out. We warned at the time that patient records would be out of patient control. On Friday, the Secretary of State confirmed that this will not be the case. We have worked closely with MedConfidential and Privacy International to ensure

Boom in private investigators risks avoiding surveillance regulation


Our latest report highlights the growing use of private investigators by local and public authorities, particularly the number of times they are used without RIPA authorisation. The law in the UK, particularly the Police and Criminal Evidence Act 1984, is broadly drawn to allow evidence to be introduced in court that in other jurisdictions would not be deemed admissible. Contrasted with the fruit of the poisonous

Mastering the Internet

Support grows for surveillance transparency

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, GCHQ, Mastering the Internet, Online privacy, Police, Research and reports, Surveillance, Technology | 7 Comments

commons dayLast November we launched our ‘Time for Transparency’ campaign, revealing new polling that showed 66% of people want more information about how surveillance powers are used, with 70% wanting companies like BT and EE to publish their own reports about the requests they receive, as companies like Google, Facebook and Microsoft now regularly release.

Today we are publishing a paper detailing further proposals to improve transparency, following wide ranging discussions with companies, regulators and political figures, as well as discussions with people in the United States. The paper outlines how the Interception of Communications Commissioner should publish a breakdown of how individual agencies use powers to access communications information – currently just one total figure is published – as well as calling for clarification about whether British companies are handing over data ‘in bulk’ on thousands or millions of customers.

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Paper on security and privacy for the ISC

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Databases, GCHQ, Information Commissioner, Legal Action, Mastering the Internet, Online privacy, Technology, Terrorism Legislation, United States | Leave a comment

Big Brother Watch was invited to submit a paper to the Intelligence and Security Committee of Parliament, relating to it’s inquiry into the balance between security and privacy.BNUARLICcAAiyCZ.jpg large

You can now read our submission below.

EXECUTIVE SUMMARY

In a Democratic society, some secrecy is tolerated, as are some intrusions upon liberty and privacy, provided the legal framework is transparency, the oversight mechanisms robust and the overall sacrifices of liberty made with an appropriate level of understanding.

Recent revelations have made clear the scale of intrusion on our privacy in the name of security, enabled by an explosion in digital communications and the computing resources available to the state.

Ministers have assured the public no central database of internet communications would be created. We now know it existed already. Parliament and the public were not informed by Ministers, the Intelligence and Security Committee or the Commissioners.

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Does Dishfire circumvent British law?

Posted on by Big Brother Watch Posted in Communications Data Bill, GCHQ, Mastering the Internet, Mobile Phones, Surveillance, United States | 2 Comments

phoneIf GCHQ or any other agency is obtaining mobile phone data through the Dishfire programme without a RIPA notice, that is circumventing British law.

The statements made have sought to only address questions about content being accessed, not metadata. This confusion should be urgently addressed.

Under UK law, if an agency or police force want access to details of who you have texted, where you were when you sent or received a text or the dates and times of your text massages they can obtain it from your phone company. The Regulation of Investigatory Powers Act (RIPA) provides for this. Such powers relate to obtaining communications (or meta) data and not content.  Acquiring content requires a warrant from a Secretary of State.

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A (brief) recent history of security and the free press

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Databases, Freedom of Expression, Internet freedom, Mastering the Internet, Online privacy, PRISM, Privacy, Surveillance, Terrorism Legislation, United States | 1 Comment

Statesman

Today, the editor of the Guardian gives evidence to the Home Affairs select committee, as part of the committee’s work on counter terrorism.

Perhaps that might give the committee to question why Parliament learned of much of GCHQ’s activity from the newspaper, rather than from Ministers. Indeed, it seems on current evidence that will remain the case – as the Lords found on the 20th November, when they were told they could not even be informed which law authorised Project Tempora.

Lord Richard: My Lords, of course the Minister cannot go into details on these very sensitive matters. We all accept that. However, for the life of me, I do not see why she cannot answer a straightforward Question about which Minister authorised the project and why the existence of the project was not disclosed to the Joint Committee on the Draft Communications Data Bill. These are not sensitive issues. They are pure matters of fact, surely capable of being answered.

Baroness Warsi: It is interesting that the noble Lord interprets it in that way but I think he would also accept that it would be inappropriate for me to comment on intelligence matters, which includes any comments on the project.

We have been repeatedly assured that it would be unacceptable for a central database of communications to be built – both by those in Government and those seeking to be.

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Parliamentarians warn of ‘deliberate failiure’ to conceal GCHQ capability

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Internet freedom, Mastering the Internet, Online privacy, PRISM, Surveillance, Terrorism Legislation, United States | 2 Comments

ben-cctv-bigShortly after Lord Macdonald, the former director of public prosecutions, condemned the way the new head of MI5 had dismissed calls for greater scrutiny several senior figures involved in the scrutiny of the draft communications data bill have said that Britain’s spy agencies may be operating outside the law in the mass internet surveillance programmes uncovered by Edward Snowden.

Lord Strasburger, a Liberal Democrat member of the joint committee, has also said: “You have to wonder why, even in the secret sessions, none of the witnesses mentioned Project Tempora … It was highly relevant to our work and I believe that deliberate failure to reveal it amounts to misleading parliament.”

The chairman of the Joint Committee on the draft Communications Data Bill, Lord Blencathra, has said that he is concerned and annoyed that the committee was never told about GCHQ’s mass surveillance capabilities. He said: The committee was not made aware at all of anything relating to Prism or Tempora, or even given any hint. We had a joint memo from MI5, MI6, GCHQ setting out why in their view the bill was essential, the usual stuff you get on terrorists, paedophiles, organised crime. But there was no hint whatsoever they were engaged in [these] programmes. I certainly feel we were given less information than the committee should have had. I am not suggesting we were deceived or misled but someone or some people were very economical with the actuality. I think we would have regarded this as highly, highly relevant. I personally am annoyed we were not given this information.”

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Ideas to start the debate and reform surveillance

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Data Protection, Databases, Europe, International, Internet freedom, Mastering the Internet, Online privacy, PRISM, RIPA, Surveillance, Terrorism Legislation, United States | 1 Comment

Dear Prime Minister,

cc Deputy Prime Minister; Chair – ISC;  Chair – Home Affairs committee; Chair – Joint Committee on the Draft Communications Data Bill; Chair – LIBE Committee of the European Parliament; Chair – Joint Committee on Human Rights;

Yesterday you said that you would be happy to listen to ideas to improve the oversight and operation of safeguards concerning our intelligence agencies.

This is an extremely welcome and timely intervention, and an offer that we would like to take up enthusiastically.

Below are just a few of the well-established proposals to improve the operation, scrutiny and safeguards of surveillance powers.

-       Commission independent, post-legislative scrutiny of the Regulation of Investigative Powers Act 2000 and the Intelligence Services Act 1994, legislation that covers much internet surveillance but was written years before Facebook existed and when few households had internet access. If Parliament intends to allow the collection of data from every internet communication, it should expressly say so in primary legislation, covering both metadata and content

-       Publish, as the US Government has done, legal opinions that are used to underpin the ongoing surveillance framework

-       Allow the Intelligence and Security Committee to report to Parliament, and be chaired by an opposition MP, as called for by Lord King. It should also be able to employ technical experts to assist its work.

-       Publish the budget and investigatory capacity of the ISC, Interception of Communications Commissioner and Surveillance Commissioners

-       Reform the Investigatory Powers Tribunal so there is a presumption its hearings are held publicly, that it should state reasons for reaching its decisions and that its judgements can be appealed in court

-       End the need for Secretaries of State to approve appearances of the heads of agencies before Parliamentary committees, and allow agency and service heads to give evidence in public where appropriate

-       Establish an independent body to review the work of the agencies, as President Obama has done with the Privacy and Civil Liberties Oversight Board, and ensure it has staff with relevant technical expertise

-       Lift any legal restrictions on British companies from publishing transparency reports about surveillance requests

-       Publish details of the use of surveillance powers broken down by agency, as opposed to the single UK figure currently published, including the scale of international intelligence sharing

-       Enhance whistleblower protection for those who wish to come forward from within the services

We would be delighted to meet with you or members of your Government to discuss these issues. At a time when the internet is an inescapable part of daily life, the modern economy and the delivery of public services, it is surely paramount that the laws that govern surveillance are fit for a digital age, and that the safeguards that operate are robust, properly resourced and can command public confidence.

Yours sincerely,

Anne Jellema, Chief Executive Officer, World Wide Web Foundation

Jim Killock, Executive Director, Open Rights Group

Gus Hosein, Executive Director, Privacy International

Guy Herbert, General Secretary, No2ID

Nick Pickles, Director, Big Brother Watch

Professor Peter Sommer

Ross Anderson, Professor of Security Engineering, Cambridge

Caspar Bowden, Independent privacy researcher

Douwe Korff, Professor of International Law, London Metropolitan University

Judith Rauhofer, University of Edinburgh

Duncan Campbell, Investigative journalist and author of European Parliament report on Echelon

No debate please, we’re British.

Posted on by Big Brother Watch Posted in Civil Liberties, Databases, International, Internet freedom, Mastering the Internet, Online privacy, PRISM, Surveillance, United States | 2 Comments

ben-cctv-bigIn a speech to the  Royal United Services Institute on Tuesday, the Director General of MI5 said: “it causes enormous damage to make public the reach and limits of GCHQ techniques.Such information hands the advantage to the terrorists. It is the gift they need to evade us and strike at will.”

This is a sentiment expressed on the front page of various national newspapers. The bad guys, you may have guessed, are the Guardian and Edward Snowden.

To suggest that the Snowden disclosures allow terrorists to attack “at will” is both farfetched and disingenuous. Even in the US, nobody has sought to make such an assertion. Those newspapers who have reported this claim without critique or balance have done their readers a disservice.

Equally, and disappointingly, in his speech Andrew Parker did not mention why it was possible for a 29 year old contractor to the US Government to download thousands of documents about GCHQ’s techniques (nor have any of the media outlets reporting the speech asked such a question.)

Nor did he did not highlight that the US Government itself has sought to detail the operations, reach and capabilities of its agencies – the Director of National Intelligence has established a dedicated website for legal opinions, statements and factsheets – yes, factsheets – on what the NSA is doing.

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Intelligence and Securtity Committee reports on PRISM

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Databases, International, Internet freedom, Mastering the Internet, PRISM | 4 Comments

commons dayThe ISC has today made a statement on it’s investigation into PRISM, following the revelations made by whistleblower Edward Snowden.

While it appears the investigation was limited to PRISM, as opposed to Tempora or any of the other programmes we now know to be operational, it reaffirms that the statutory basis for PRISM at least is the 1994 Intelligence Services Act.

Of particular significance is paragraph six:

“Although we have concluded that GCHQ has not circumvented or attempted to circumvent UK law, it is proper to consider further whether the current statutory framework governing access to private communications remains adequate.”

Nick Pickles, director of privacy and civil liberties campaign group Big Brother Watch, said: “If the law is not fit for purpose, the question of not breaking it is largely irrelevant. These laws were written when the internet was unknown to the majority of people and was far from the minds of the Parliamentarians who drafted the laws GCHQ is now bound by many years on.

“When the Intelligence and Security Committee is raising concerns that the current legal framework is adequate, alarm bells should be ringing loud and clear that all is not well. Parliament must urgently turn its attention to this issue.

“I am deeply concerned that this investigation appears to have focused on only one of several programmes we now know to be operational, particularly the storage of the content of communications as they leave the UK. We are still a long way from getting to the bottom of what has been happening.”

GCHQ revelations must lead to Parliamentary inquiry into RIPA

Posted on by Big Brother Watch Posted in Civil Liberties, Communications Data Bill, Freedom of Expression, International, Internet freedom, Mastering the Internet, Online privacy, Surveillance, Terrorism Legislation | 4 Comments

phone_exchangeRecent alarming revelations have raised some incredibly important questions about the use of surveillance techniques and Big Brother Watch, alongside seven other foremost campaign croups, have called on MPs to begin an enquiry into exactly how ministers and the security agencies have been interpreting the Regulation of Investigatory Powers Act (RIPA), as reported in today’s Guardian.

After CIA officer Edward Snowdon revealed documents which showed that GCHQ has used advanced technology to access hundreds of millions of private telecommunications messages, including phone calls, emails and records of internet usage, questions have been rightly asked about the extent of GCHQ’s operations and their legality. The key programme goes by the name of Operation Tempora and it is argued that the gathering of the messages is completely legal because the traffic has left the UK and therefore becomes “external”. In our letter to the Home Affairs Select Committee, we argue that the advanced pace of technology has exposed the inadequate oversight of the surveillance agencies, while legal definitions written for landline telephones are now being used on fibre-optic internet connections.

Mastering the Internet and GCHQ

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Mastering the Internet, Surveillance, Technology, United States | 8 Comments

servers

The Guardian has just reported new claims about GCHQ’s internet surveillance operations.

The article claims:

“One key innovation has been GCHQ’s ability to tap into and store huge volumes of data drawn from fibre-optic cables for up to 30 days so that it can be sifted and analysed. That operation, codenamed Tempora, has been running for some 18 months.

GCHQ and the NSA are consequently able to access and process vast quantities of communications between entirely innocent people, as well as targeted suspects.

This includes recordings of phone calls, the content of email messages, entries on Facebook and the history of any internet user’s access to websites – all of which is deemed legal, even though the warrant system was supposed to limit interception to a specified range of targets.”

Of course, GCHQ’s job is to spy on people, to listen to phone calls and protect us. However, as was discussed in Parliament last week, this operates under a strict regime and any interception is subject to a ministerial warrant. As the Foreign Secretary said:

“To intercept the content of any individual’s communications in the UK requires a warrant signed personally by me, the Home Secretary, or by another Secretary of State.

This is no casual process. Every decision is based on extensive legal and policy advice. Warrants are legally required to be necessary, proportionate and carefully targeted, and we judge them on that basis.”

If then, as the Guardian story claims, that large volumes of data – including content – are being scraped from fibre optic cables then this would have to be authorised by a Secretary of State’s warrant for every individual affected.

As this report notes, interception can be defined under the Regulation of Investigatory Powers Act as “an interception as carried out in the course of its transmission when (i) it is stored so that the recipient can access and collect it later31 and (ii) when the contents of the transmission are stored by the interceptor so as to make them available after the transmission (‘subsequently’).”

However, the Guardian has summarised potential legal loopholes that may significantly handicap the existing safeguards. The main point is that if a communication is “external” to the UK it can be collected under a RIPA certificate, rather than requiring an individual warrant. If two British people were to have a Facebook chat, for example, that chat is routed via Facebook outside the UK. The argument would then seem to be that GCHQ is intercepting it as it enters and leaves the UK, and as such is an “external” communication. We would take major issue with this legal interpretation, as whichever way you look at it the content of a message between two UK citizens is being intercepted without an explicit warrant from a Secretary of State. This is applying a law for landline telephones to the internet in a way that deliberately expands the amount of data that can be collected far beyond what was considered by Parliament. 

Nick Pickles, director of Big Brother Watch, said: “This appears to be dangerously close to, if not exactly, the centralised database of all our internet communications, including some content, that successive Governments have ruled out and Parliament has never legislated for.

“Britain has a clear legal process in place to govern the interception of the content of communications and blanket interception is not a part of that system. If GCHQ have been intercepting huge numbers of innocent people’s communications as part of a massive sweeping exercise then I struggle to see how that squares with a process that requires a warrant for each individual intercept. This question must be urgently be addressed in Parliament.

“The fact GCHQ staff have been discussing how light the UK’s oversight regime is compared to the US highlights why we need a wholesale review of surveillance law, including the fact that there is absolutely no judicial process within the current system and the people making these decisions are able to hide in the shadows rather than face public scrutiny.”

 

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