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UK Gov't Plans To Push "Emergency" Surveillance Laws

beaker_72 (1845996) writes The Guardian reports that the UK government has unveiled plans to introduce emergency surveillance laws into the UK parliament at the beginning of next week. These are aimed at reinforcing the powers of security services in the UK to force service providers to retain records of their customers phone calls and emails. The laws, which have been introduced after the European Court of Justice (ECJ) ruled that existing laws invaded individual privacy, will receive cross-party support and so will not be subjected to scrutiny or challenged in Parliament before entering the statute books. But as Tom Watson (Labour backbench MP and one of few dissenting voices) has pointed out, the ECJ ruling was six weeks ago, so why has the government waited until now to railroad something through. Unless of course they don't want it scrutinised too closely.

29 of 147 comments (clear)

  1. UK is not a free country by Anonymous Coward · · Score: 5, Insightful

    Sad to say it, but its just true.

    Stalin, Hitler and Mussolini would be very proud of what the UK has become.

    1. Re:UK is not a free country by Anonymous Coward · · Score: 2, Insightful

      Freedom of speech, specifically political
      Private ownership of property that cannot be taken by the government without due process of law
      Right to self defense
      Not being locked up/imprisoned without due process of law in a public trial by peers

    2. Re:UK is not a free country by Anonymous Coward · · Score: 2, Insightful

      Freedom of speech, specifically political

      Nope. Not "specifically political." Just "freedom of speech." The end.

      Also, how about privacy? You can't be a free country when you have something like the NSA's mass surveillance.

    3. Re:UK is not a free country by Xest · · Score: 5, Informative

      I'm torn because whilst things like this sicken me (as a British citizen) I think it's still sensationalist nonsense to claim Britain isn't a free country, god only knows we still don't have quite the limits on free speech of France and Germany. As Western countries go we're still pretty free, and Western countries are still generally freer than most, so it seems a silly stretch to claim Britain isn't a free country. Most things used when citing Britain as not free are FUD made up by people who love to bash Britain, or like a bit of conspiracy theory or reason to bitch and moan in general, for example, claims about CCTV counts that include static traffic cameras that only take photos of people actually speeding - i.e. breaking the law and don't have a capability for constant monitoring, or only log a text response when a particular number plate is detected. Do I like them? no, but it's hardly the constantly filmed bullshit the paranoid conspiracy theorists claim it is. Similarly there's a lot of FUD about RIPA's password clause by people who haven't read the law which explicitly states that police have to prove beyond reasonable doubt that someone has a key before they can be prosecuted for not handing it over (if you don't believe me Google it - section 53.3 makes the requirement of proof beyond reasonable doubt that a suspect actually holds the key explicit in law) which is in contradiction to the nonsense about how you can arbitrarily convicted with that as the excuse - you can't, it's never happened, everyone prosecuted to date has been like the plonker in yesterday's news story who incriminated themselves for the simple reason they were actually dickheads.

      But this? this is genuinely fucking embarrassing. This is a genuine what the flying fuck are you thinking politicians? This is a genuine there is something very broken with our country. It's not that we're not still free, we really are, anyone who claims otherwise is full of shit, the problem is that there's a slippery slope that we might slide down to become not free, and that's the real worry. Sometimes slippery slope arguments don't occur making them a fallacy, but sometimes they do, and I'm not willing to accept that risk when the claimed benefit just does not exist - 7/7 still happened, the Boston bombings still happened - blanket data sweeping does not work, terrorist attacks are still occuring as (in)frequently as they always have even with the NSA and GCHQ's absolutely massive dragnet.

      The worst part is they're saying this is a temporary power that'll be reviewed in 2016 when Labour will almost certainly be in power. The Milliband/Brown/Balls strain of Labour is the most dictatorial leadership we've seen in decades given that they were the "brains" behind the ID card database, they wanted the IMP, they wanted a nationwide DNA database of everyone. I see little hope for this doing anything other than getting worse in the coming years.

      Which is a shame, because things had largely gotten better in the last 4 years on this particular front - the Digital Economy Act whilst not destroyed has at least been gutted, the national ID database had been scrapped, the ability of many authorities such as local councils to spy had been massively curbed, CCTV had been scaled back. Still a hell of a long way to go, but definitely civil liberties had improved in the last 4 years, especially compared to the massive downward spiral under Brown. Unfortunately it seems the ConDems decided they'd fuck up the only thing they haven't fucked up right in their last 9 months. Why? What the fuck is wrong with them? We nearly did it. We nearly made it a full parliamentary term without dictatorship syndrome kicking in, alas, here it is.

    4. Re:UK is not a free country by dryeo · · Score: 3, Informative

      Perhaps San Marino? They were even free to vote i a Communist government and vote them out. Been a republic since 301 as well.
      https://en.wikipedia.org/wiki/...

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    5. Re:UK is not a free country by chihowa · · Score: 3, Insightful

      OK, to clarify... disappearances and purges are bad news, but it's not as if these historical dictatorships were all fine and dandy up until the point where people started disappearing. Holding off judgement until something is allowed to fully develop into its inevitable final product is dangerous and naive.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    6. Re:UK is not a free country by jeIIomizer · · Score: 2, Insightful

      god only knows we still don't have quite the limits on free speech of France and Germany

      "X is worse than Y" != "Y is good."

      Why do people adore this 'logic' so much? Evaluate something on its own merits.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    7. Re:UK is not a free country by HornWumpus · · Score: 4, Insightful

      Democracy without constitutional limitations is two wolves and a sheep voting on what's for dinner.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    8. Re:UK is not a free country by erroneus · · Score: 2

      Yes and this emergency law is there to legitimize what they are already doing in advance of legal battles.

    9. Re:UK is not a free country by Vintermann · · Score: 2

      > Right to self defense

      There's a conflict here:

      You want freedom of belief/conscience. You may believe some people are conspiring to institute a dictatorship, sometimes that's a right belief. You may believe Tony Blair is a lizard from space, and although that's almost certainly false, no belief about the world may be banned.

      But if you have this freedom, you cannot have an unconditional right to self-defense. The reason is that self-defense is based on belief, some belief that you are under threat. That belief may always be wrong. If Tony Blair really was a space lizard about to zap your brain into dust, by the right to self-defense you certainly would be allowed to kill him first.

      But that is plainly a delusional belief, you might say. The problem is, who should get to decide whether your fears are justified?

      If you say the courts, fair enough, but then you also implicitly deny the right to revolution. You don't allow for the possibility that the government that the court represents may be wrong, or at any case, not that you are entitled to disagree violently with it.

      --
      xkcd is not in the sudoers file. This incident will be reported.
  2. "Emergency" laws. by newcastlejon · · Score: 5, Insightful

    Everyone knows the best laws are the ones rushed through the commons and passed on the nod in the other place.

    From TFA:

    Mr Cameron said: "We face real and credible threats to our security from serious and organised crime, from the activity of paedophiles, from the collapse of Syria, the growth of Isis in Iraq and al Shabab in East Africa."

    Paedophiles are a threat to national security now? Organised crime? Maybe, but for heaven's sake how stupid does this government think we are, that we would swallow yet another use of pedophiles as the bogeymen du jour? That was a rhetorical question, it's not a question of stupidity as much as it is voter apathy coming back to bite us in our collective backside. Again.

    --
    If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    1. Re:"Emergency" laws. by Anonymous Coward · · Score: 3, Insightful
      Also from TFA:

      "I'll be explaining today why emergency legislation is needed to maintain powers to help keep us safe from those who would harm UK citizens."

      Same as retroactive immunity for telcos in the US. Apparently the "emergency" is that what they were doing was illegal, so it has to be made legal very quickly, preferably before anybody can bring a case to the court. If you make it retroactively legal fast enough, nobody has standing to bring a case, and no politicians are embarassed, and none of their accomplices in both the government and private sectors need worry about expensive penalties for breaking the law. To use an old phrase, "It is the same way in every country."

    2. Re:"Emergency" laws. by Warbothong · · Score: 2

      "The government says if there had been no new powers there would have been no obligation on phone and internet companies to keep records if there was a UK court challenge to the retention of data."

      So? That's a good thing. It's the reason why the ECJ ruled as it did. Grrrr....

    3. Re:"Emergency" laws. by Anonymous Coward · · Score: 2, Insightful

      I like how they use the word "pedophiles" as if pedophiles are inherently evil or dangerous. Just because someone is a pedophile doesn't mean that they look or child porn or rape children.

    4. Re:"Emergency" laws. by king+neckbeard · · Score: 3

      They must be getting desperate if they are using "Think of the Children" and "TERRORISM DURR HURR" at the same time.

      --
      This is my signature. There are many like it, but this one is mine.
    5. Re:"Emergency" laws. by Xest · · Score: 3, Insightful

      The Lib Dems seem to have finally completely and utterly removed any reason for their existence too. I really don't get it.

      They'd already seen their support tank for ignoring students, but those that remained in support of them still largely supported them because despite that they were still the best option for civil liberties given that they blocked Cameron and co's previous plan to brink back the interception modernisation programme. For all their mistakes they had at least to date still stood in defend of civil liberties.

      Now they've thrown that away, so there's literally no reason to vote for them anymore. We used to see regular jokes on TV, in the media and so forth about the Lib Dems being pointless but it's now no longer a joke, it's a simple statement of fact.

      Personally I'd vote Pirate but they don't stand around here anyway so I guess my only choice is the greens whom unfortunately focus far too much on feminism issues for my taste (it's important to me, but not as important as they rate it- there are many other things that matter more than that because they effect everyone, not just half the population). This said I don't even think the greens stand around here now anyway, so I guess it's time to scribble the old "Fuck you" party onto my ballot from now on.

    6. Re:"Emergency" laws. by Justpin · · Score: 2

      Paedophiles yup because quite a number of politicians were named in cases involving paedophilia and quite conveniently the police files on them were destroyed y'know completely by accident of course. Therefore to protect their identities, I mean national security this law had to be enacted.

    7. Re:"Emergency" laws. by N1AK · · Score: 2

      This law is actually only enacted because their previous law got invalidated by the EU, and they really really want to still be able to do this!

      I disagree with these rules on retention, but the false comments by others who share that view are blurring an important debate. The law that got invalidated by the European court was an EU law not a UK law, so no this isn't because their law was invalidated. There's been a fuss made about this bill being rushed through as though it to hide something; however the bill has come about very quickly compared to most and given the desire of the government to get cross-bench support the timing isn't overly suspicious. They've also added a very short which means which requires a new bill be passed in 2 years which gives time for proper debate.

      I'll repeat my assertion that I don't want ISPs to be recording this information for all customers; however making the story about how the bill is being passed (actually very reasonably for the circumstances) distracts from the questioning of whether any such bill should exist at all and isn't helpful.

    8. Re:"Emergency" laws. by timrod · · Score: 3, Interesting

      What I don't get is how ANY of those groups pose a threat to anyone outside of their local areas. ISIS doesn't care about the West, their entire reason for existing is that the al-Maliki government in Iraq essentially locked out the Sunnis from representation in the country's government and they had a handy bunch of Islamic fighters in the country next door who were willing to divert their rebellion against Bashar al-Assad for a little while to try and take down al-Maliki. If anything, they'd have more reason to go after the United States (who installed al-Maliki) than they would to try something against the UK.

      al-Shabab is a localized terror group based out of Somalia. Yes, they attacked a mall in Africa, but defense analysts in the United States have said multiple times that al-Shabab does not have the resources or the manpower to mount an attack on the United States or any of its interests. I would assume that the UK, being a long-time ally of the United States, would count as a "United States interest".

      Last I checked, the UK also has existing laws on the books for dealing with pedophiles and organized crime - they were certainly able to handle the IRA before the days of mass-surveillance programs. Neither of these seem to pose any real "national security" threat that I can see, though I don't live in the UK.

      Cameron was lying through his teeth and he knows it.

    9. Re:"Emergency" laws. by Xest · · Score: 2, Insightful

      This bit was a complete joke too:

      "I am simply not prepared to be a prime minister who has to address the people after a terrorist incident and explain that I could have done more to prevent it."

      Right, but you're willing to stand up and be the cunt the said fuck you to human rights law and obliterated all remaining semblance of privacy in the UK? What a twat.

    10. Re:"Emergency" laws. by HornWumpus · · Score: 3, Insightful

      How much cash do you get slipped to you?

      How many implied promises of speaking fees exceeding your yearly gross?

      Politicians have exceeded the capacity of money and trade in power. Money just falls off the power; it's a force of nature. e.g. Chelsea Clinton gets how much for speaking fees?

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  3. 1984 30 years later by Joe_Dragon · · Score: 2

    The wars are starting now.

  4. "It's just metadata" by PigleT · · Score: 3, Informative

    The BBC news is reporting that apparently it's not as bad as it could be because it's not storing the content of phone-calls made, just who was called and when.

    Anyone who wants to know just how powerful mere "metadata" actually is should go read http://kieranhealy.org/blog/ar... .

    --
    ~Tim
    --
    .|` Clouds cross the black moonlight,
    Rushing on down to the circle of the turn
  5. Sad... by Charliemopps · · Score: 2

    70yrs ago, England stood alone in Europe against the shackles of tyranny. A few years later, and millions lives lost, England prevailed. Little did they know at the time that less than a century later the same arguments made by the Nazis regarding an imaginary immigrant threat and terrorist would be used again by their own government. The government will save them from criminals, but who will save them from their own government?

  6. What's the "emergency"? by jenningsthecat · · Score: 4, Insightful

    FTA:

    "I'll be explaining today why emergency legislation is needed to maintain powers to help keep us safe from those who would harm UK citizens."

    — David Cameron

    No need to explain, David. We all know this is just another excuse for more power-hoarding privacy invasion, and that "those who would harm UK citizens" are in fact you and your masters. Kindly stop pretending and man up. The only "emergency" here is the fear fantasy you're manufacturing and trying to get UK citizens to swallow.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
  7. Re:So what is the emergency? by JosKarith · · Score: 4, Insightful

    "Our data trawling has been illegal all along like we were being told but ignored? Quick, pass some hastily drafted loophole-ridden over-reaching legislation so we can't be sued...

    --
    'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
  8. Re:Best Buddies! by meta-monkey · · Score: 4, Insightful

    Yesterday Glenn Greenwald published a new story about five innocent Muslim Americans who were targeted by the NSA for collections, one of whom was surveiled without a warrant. These people were lawyers; one was a Republican candidate for state legislature and a former official in Bush's Department of Homeland Security. We were told the NSA was only spying on foreigners, and here they are caught in yet another bald-faced lie. To me, this is a huge story. Puts names and faces on the people illegally and unconstitutionally spied on by the government.

    Let's see, front page of CNN.com? Nope. Foxnews.com? Nope. If you search you can find like a blog post mentioning it. Same thing happened last year when the Snowden leaks first came out. They either ignored it or ran "Hero or Traitor? You decide!" fluff pieces or showed pictures of his stripper girlfriend and completely ignored the whole "hey, isn't this creepy as fuck and blatantly unconstitutional and yet is supported by all three branches of government and the bulk of both parties?" thing.

    I was never the kind of person who thought the media was necessarily a mouthpiece for the state. I thought they were just shitty at their jobs and it was easier to report horserace politics and debates on "controversial issues" than real journalism. But this kind of shit...fuck man. There's really no other conclusion you can draw. The media intentionally downplays the abuses of the fascist surveillance state. And it must be intentional, because this shit is real news about which they could have their fake talking head debates and get ratings. It's right there...easy stuff. And nothing. There is only one conclusion to draw from that.

    --
    We don't have a state-run media we have a media-run state.
  9. Talking of FUD by kevlar_rat · · Score: 4, Interesting

    Similarly there's a lot of FUD about RIPA's password clause by people who haven't read the law which explicitly states that police have to prove beyond reasonable doubt that someone has a key before they can be prosecuted for not handing it over

    Except it doesn't.
    The actual quote from the law is:

    For the purposes of this section a person shall be taken to have shown that he was not in possession of a key to protected information at a particular time if— (a)sufficient evidence of that fact is adduced to raise an issue with respect to it; and (b)the contrary is not proved beyond a reasonable doubt.

    IOW the defence has to show "sufficient evidence ... to raise an issue", and then and only then does the prosecution have to prove 'beyond a reasonable doubt'. So this is a completely new standard of proof introduced into the British criminal system after 1000 years of using only the 'proof beyond a reasonable doubt' test. How do you show 'sufficient evidence' that you have forgotten a password? Nobody knows.
    AFAIK (and IANAL) no judge has yet accepted the defence has shown 'sufficient evidence'. How do you show a negative - that you don't know something? Maybe judges think (correctly) that it's impossible to 'raise an issue', so the prosecution never has to prove anything apart from that you didn't hand over a password.
    This is what's known as the 'reverse burden of proof' introduced in RIPA. You don't have to prove 'beyond a reasonable doubt' you forgot the password, but you do have to show 'sufficient evidence', or - if you don't hand over a password - you're automatically guilty.
    What's more the Home Office code of practice says that even if you have 'sufficient evidence' - it might not even be allowed in court 'if the person fails to raise some doubt as to whether he still had the key when the notice was given'.

    it's never happened, everyone prosecuted to date has been like the plonker in yesterday's news story who incriminated themselves for the simple reason they were actually dickheads.

    Perhaps you're assuming no judge would be that corrupt,so here's a case of someone who quite plausibly forgot his password being imprisoned:

    A TEEN who refused to give police officers an encryption password for his computer has been jailed for four months. Evidence showed that the defendant admitted in police interviews that he had set an encrypted password of between 40 and 50 characters containing both letters and numbers using an encryption software programme and that he had had originally relied on his memory to recall it but could not recall it when he was served with the notice.
    The jury heard both the prosecution and defence case and accepted the prosecution case that the defendant must have kept a record of this very complex password, rather than relying on memory, and that he had deliberately failed to disclose it to the police. They returned a guilty verdict after 15 minutes deliberation.

    Incidentally, if you do get ordered to hand over a password - even to sometimes else's data you happen to have - you're not allowed to tell anyone, presumably not even to ask for the password.

    1. Re:Talking of FUD by Xest · · Score: 2

      "and then and only then does the prosecution"

      Where exactly does the law state that? There's no "then and only then" or similar even written there, this is an assumption you've made up to try and align your incorrect understanding of RIPA with what's actually written. The rest of your rant is therefore irrelevant because it's based on a mis-reading of the law, and insertion of a clause that just is not there. You're effectively parroting the Daily Mail esque FUD that The Register has spouted over the years, and ultimately that's the problem with reading The Register, it'll let you be about as informed as someone who gets all their news from Fox.

      This is the same publication after all that was claiming the Eurofighter had no air to ground capability whilst it was actually blowing up tanks in Libya. Yes. Really.

      Now read the news Statesman article you linked to,where you claim someone quite plausibly forgot his password, I quote:

      "Evidence showed that the defendant admitted in police interviews that he had set an encrypted password of between 40 and 50 characters containing both letters and numbers using an encryption software programme and that he had had originally relied on his memory to recall it but could not recall it when he was served with the notice.

      The jury heard both the prosecution and defence case and accepted the prosecution case that the defendant must have kept a record of this very complex password, rather than relying on memory"

      So again we're talking about someone stupid enough to incriminate himself, he admitted he had set the password, he admitted he knew the length and consistency but could not even begin to take a stab at what it was. Hence, the jury found his story to simply not be plausible. You have to keep in mind that in such trials a combination of things are taken into account that are not ever recorded in reports on it - if someone keeps changing their story this may not be mentioned but it's enough for the jury to take into account to reach a beyond reasonable doubt conclusion.

      Worse, even the CPS themselves highlight that your earlier interpretation of the law is wrong:

      "As the defendant claimed to have forgotten a password that he had previously memorised, it was for the prosecution to rebut this and to prove beyond all reasonable doubt that this was not the reason for the defendant failing to disclose it."

      Note that they themselves accept that it's upto the prosecution to prove beyond reasonable doubt that he hadn't simply forgotten it. Something they must hence have achieved to obtain the conviction.

      This is a far cry from simply saying "I've no idea what it is I never set it", or simply "I forgot it". As I said, no such case to date has ever happened - all convictions have been based on the stupidity of self incrimination and why? Because guess what, a lot of criminals crack under cross-examination and that's one of the key methods juries and judges use in determining cases.

      So to jump to the conclusion he genuinely forgot it and is a victim of injustice is complete nonsense. You claim the judge must have been corrupt, okay, sure, so why didn't he appeal to get another judge? It's not like this is the US where he wouldn't have been able to afford representation, he'd have got full legal aid in 2009.