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British Spies Are Free To Target Lawyers and Journalists

Advocatus Diaboli writes British spies have been granted the authority to secretly eavesdrop on legally privileged attorney-client communications, according to newly released documents. On Thursday, a series of previously classified policies confirmed for the first time that the U.K.'s top surveillance agency Government Communications Headquarters has advised its employees: "You may in principle target the communications of lawyers." The country's other major security and intelligence agencies—MI5 and MI6—have adopted similar policies, the documents show. The guidelines also appear to permit surveillance of journalists and others deemed to work in "sensitive professions."

36 of 184 comments (clear)

  1. Whom does this surprise? by Anonymous Coward · · Score: 5, Insightful

    Anybody at all?

    The purpose of a government under crony capitalism is to ease the flow of cash toward those prepared to offer kick-backs.

    People who are highly talented in very narrow fields - thus unable to analyse the bigger picture - are employed as civil servants to facilitate this.

    Whence GCHQ, NSA, etc.

    1. Re:Whom does this surprise? by ShanghaiBill · · Score: 4, Insightful

      Anybody at all?

      I am not surprised that they are doing it, but I am surprised that they are publicly admitting it. They have been spying on lawyers and journalists for a long time. What is changing, is that now they are publicly stating that they do so. For anyone who justifies this by saying that spies are separate from prosecutors, and this is okay as long as it doesn't influence court cases: There are already cases where spies have fed info to prosecutors that they collected by spying on attorney-client communications. There is no slippery slope here. We are already at the bottom.

    2. Re:Whom does this surprise? by fustakrakich · · Score: 4, Insightful

      ...I am surprised that they are publicly admitting it.

      Why? They know that nobody cares, in fact the public wants more to *feel safe*. These people can rape your mother on national TV and still win an election. They don't have to hide anything anymore. The election results verify that every time. How to counter that should be the target of discussion. Then a solution to all these other issues will emerge.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Whom does this surprise? by Anonymous Coward · · Score: 2, Insightful

      I think this is what you are looking for:

      The Old Government response: We cannot confirm nor deny that we were involved in such activity.
      The New Government response: Yeah. We did it. What the fuck are you gonna do about it, peasant. Piss off, or we'll label you a terrorist too.

  2. Erosion is little by little. by Anonymous Coward · · Score: 5, Insightful

    Hardly anyone will notice one right removed at a time.

    1. Re:Erosion is little by little. by Anonymous Coward · · Score: 2, Insightful

      They just turned the pot of water we're all in up another degree

  3. There can be no defense of this. by Anonymous Coward · · Score: 5, Insightful

    There can be no defense of this. This is the government engaging in totalitarianism as standard practice. There cannot possibly be a moral or ethical defense of this practice.

    1. Re:There can be no defense of this. by Thanshin · · Score: 5, Insightful

      Yet on the other I don't see why, if you were trying to stop a serious threat, spies shouldn't be able to monitor these communications in principle, with some clear restrictions:

      Because we have been proven over and over again, incapable of defining "serious threat".

      Therefore, virtually everything can be identified as a "serious threat" and any law that requires that identification is ineffective.

      It's as saying on a law "you can only do this if you believe you're right.". It's as unacceptable as a CEO justifying himself with "at the moment I thought it was the correct course of action." The obvious answer on the latter case "well, it was your job not to be wrong" should be applied to government monitoring.

      So, the law should replace "if it's believed to be a serious threat" with "if it later proves to be a serious threat.". And if later we prove it wasn't a serious threat, well, tough luck, you are governing a country, you are expected not to make mistakes and to pay for those you make.

    2. Re:There can be no defense of this. by Anonymous Coward · · Score: 5, Insightful

      ad 1) Parallel construction

      Grandparent is 100% correct. It is totalitarianism. The communication of lawyers and journalists is protected for a reason. You can not protect civil rights by giving them up. Lawyers and journalists ARE checks and balances!

    3. Re:There can be no defense of this. by gl4ss · · Score: 2

      1) would be pointless, since the point of the spying is supposedly to catch enemies of the state and people etc and to prosecute them in court.

      2) would not be like this, since it involve oversight.

      3) again, it would not be like this since it would involve oversight.

      -------------

      but really, this is just a result from the decision that there should be people who can do anything because they're special people because they work for the government - or rather, they become the government due to being special people, who have the job on to look in communications and ensure that 'people' or rather governing isn't threatened.

      and really, it's just a political decision if such people should exist or not - and really, with the history of fuck ups in UK in this field in the '80s they should know better than to allow some people who have such exceptional legal powers to exist - they will affect politics and that destroys the nature of the government UK is supposed to have(granted that they have their stupid lords system still and all that).

      --
      world was created 5 seconds before this post as it is.
    4. Re:There can be no defense of this. by Spottywot · · Score: 2

      Come on, not an invisible cloak, if they suspect someone is a terrorist then they already have reason enough, and protection under the law to surveil them lawyer or not. This is not that.

      --
      In a cybernetic fit of rage she pissed off to another age...
    5. Re:There can be no defense of this. by drinkypoo · · Score: 2

      1/ If the information gathered by spying was specifically barred from being used in court

      This would help if court were the only place it could hurt you. It isn't, so it won't.

      2/ If additional authority had to be granted by the judiciary for the act

      This would help if the judiciary weren't part of the problem. They are, so it won't.

      3/ If there were clear checks and balances in place to deal with abuse.

      This would help if it ever helped, but as long as a system can be abused, it will be, so it won't.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:There can be no defense of this. by IamTheRealMike · · Score: 5, Insightful

      Please show me the abundance of dangerous terrorists/serial killers that are simultaneously practicing lawyers or journalists.

    7. Re:There can be no defense of this. by jythie · · Score: 2

      On the other hand, it does open up the moral argument that other professions are free to target spies. Intelligence in general is a 'sensitive profession', so if morally they can violate other's in order to do their job, I do not see why the inverse should not also be true. Otherwise they would simply be creating rules that benefit their institution but not others!

    8. Re:There can be no defense of this. by FireFury03 · · Score: 2

      I'm conflicted. On the one hand my initial response was like yours. Yet on the other I don't see why, if you were trying to stop a serious threat, spies shouldn't be able to monitor these communications in principle, with some clear restrictions:

      Firstly we have the perennial problem that the security services are allowed to spy on anyone with very little oversight. If they want to spy on someone they should be required to get a court order, and that court order should be made public so that everyone can see what they are doing. If the court order cannot be immediately made public for legitimate security reasons then it should be made public as soon as possible (i.e. certainly within a year, preferably sooner). Furthermore, information gathering should not start until that court order is issued - i.e. there should be no requirement for ISPs/telcos to log and retain traffic "just in case" it is needed at a later date.

      So given that we already have this problem, further extending the powers of the seucrity services seems like a bad plan.

      Futhermore, this stuff is always justified as "to stop a serious threat", and yet there seems to be very little evidence that there are lots of "serious threats" that need stopping. And as always, this stuff is always spun as "to stop the criminals" and attention is diverted from the fact that not everyone who uses a lawyer is a criminal.

      1/ If the information gathered by spying was specifically barred from being used in court

      Even if you can't use the evidence in court, it can be used to influence a court case, either by directing a line of questioning, or helping with parallel construction of evidence.

      2/ If additional authority had to be granted by the judiciary for the act

      3/ If there were clear checks and balances in place to deal with abuse.

      Except these things clearly aren't happening, or even intended to happen.

      The whole point of communications with your lawyer being privalidged is that you can have a completely frank discussion with them in order to prepare your defense. This cannot happen if you are constantly having to avoid incriminating yourself - one of the reasons for getting a lawyer is that they can tell you when to stop talking to avoid that, so if you can't discuss this with them then that seriously harms your defense. If the authorities believe that there is no merit in allowing private legal discussions then this should be true on both sides - the prosecution should be required to make all their discussions public too. As it stands, the laws are very one-sided and stack the deck against anyone the authorities decide to attack, guilty or not.

    9. Re:There can be no defense of this. by jythie · · Score: 2

      Well everyone knows most journalists and 'civil rights' lawyers are just terrorist and criminal sympathizes! Otherwise they would not be giving all that professional treatment to people who do not deserve it, and sometimes they even embarrass important people and we know how bad that is for the economy.

    10. Re:There can be no defense of this. by jythie · · Score: 2

      Sad thing is, while I can not speak for the UK, the people I have met and known in the US who work for institutions like the NSA, CIA, RSO, FBI, etc, are generally good people who honestly do mean well, but are stuck in institutional problems where perspectives and priorities, not to mention wagon circling, can turn their good intentions into bad results.

      It is kinda like LEO in general, lots of really great individuals who honestly want to do good and care about stopping bad people from doing bad things, but the institutions they are embedded in can be toxic and shift entire departments to doing more harm to the local citizens then good.

    11. Re:There can be no defense of this. by Thanshin · · Score: 5, Insightful

      You say that as it was silly, and it does sound that way if you use terms like "magical invisibility". However, to the actual question of:
      Should we protect the privacy of the lawyer-client relation to maintain a good quality judicial system, even though we are quite sure that protection is being abused by criminals and terrorists and whatever other enemies of our country we may find, the answer is a strong and convinced "Yes".

      Justice is more important than security. Freedom is more important than security.

      I have no interest on how much secure is an unjust and non free society. Without justice nor freedom, it's not even possible to know if there actually is security, because the enemy of the individual is the unjust and non-free society he lives in.

    12. Re:There can be no defense of this. by John.Banister · · Score: 2

      Law enforcement agents are kind of like people of Islamic faith. It only takes a small percentage to get people looking askance at the whole group, since most of the time it's hard to tell which are members of that small percentage.

    13. Re:There can be no defense of this. by Jon+Peterson · · Score: 2

      The words "deception", "job description", and "gullibile" come to mind.

      Not at all. I too know people who work in the intelligence services, and I've known them since long before they took on those jobs! They are intelligent (duh...) and thoughtful. They care about private and privileged communications about as much as someone doing an aerial survey for geological research cares about peeping tom laws and people sunbathing naked in their gardens. They consider the (legal or moral) rules they break as so removed from their purpose and intent as to be quite beside the point.

      Whether that attitude needs changing I wouldn't like to say, but it's not an attitude of malice.

      --
      ----- .sig: file not found
    14. Re:There can be no defense of this. by spire3661 · · Score: 2

      You are playing their game. You are using THEIR rhetoric to further your argument. If you allow them this, they will use it on the ENTIRE citizenry, not just 'terrorists and spies' Just look at the American Patriot Act for an example. Designed to hunt terrorists, it is OVERWHELMINGLY used in drug cases instead......

      --
      Good-bye
  4. Why so shocked? by Anonymous Coward · · Score: 3, Insightful

    Seriously? After all the wide spread surveillance operations blown open this year, how is this surprising?

    Here is my predicted response:

    Public outcry
    Politician wagles finger at agency,
    agency waggles finger at signed blessing from politician,
    politician shrugs at public
    public, licks KFC grease off lips
    nothing happens

    Welcome to your new system of government.

  5. Re:Art Of War - Chapter 13 - The use of spies by Anonymous Coward · · Score: 5, Funny

    If fighting is sure to result in victory, then you must fight!

    Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor.

    Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat.

    And then he beat the crap out of every single one.

    And from that day forward any time a bunch of animals are together in one place it's called a 'zoo'!

  6. Re:It's what you do with it that counts by The+Ickle+Jones · · Score: 5, Interesting

    Spies should listen in to whatever they need to listen in to.

    Spies should respect laws and constitutions, at the very least those of their own country. If they don't, everyone - including those who ordered the illegal spying - should be punished severely. We already know this is not happening.

    Freedom is far more important than a spy's ability to do whatever they "need" to do.

    That's what they're there for. Nations spy on other nations. It's not pretty, but it's reality.

    Murderers murder people. It's not pretty, but it's reality.

    What an amazing defense.

  7. Re:It's what you do with it that counts by The+Ickle+Jones · · Score: 5, Insightful

    The worrying aspect is that they're collecting the data at all. If they have the data, it will be misused; that is a historical guarantee. Privacy is violated through the mere collection of data. Mass surveillance should not be permitted. Targeted, legal surveillance at best. This is not what is happening.

  8. Re: It's what you do with it that counts by The+Ickle+Jones · · Score: 3, Insightful

    You don't; you try to be the better man/country. Have some standards (Maybe not spy on completely random people?) and principles rather than just adopting a "They do it so I can too!" attitude.

  9. Re:If you are going to spy... by bankman · · Score: 3, Interesting

    ...you might as well spy on everybody. Seriously, who ever thought there were rules to warfare?

    Absolutely! Especially when you're waging a war against your own people, ie. the sovereign.

    --
    I feel so sig.
  10. Makes it completely clear who the enemey is... by gweihir · · Score: 3, Insightful

    ... for those that still had some doubts. GCHQ is a totalitarian institution, and an enemy of freedom and common decency. This is no surprise, any government agency will always grab all power it can get and use it. Governments need to be kept under control by the citizens, or they always devolve into totalitarianism. That is one of the reasons secret laws _must_ be avoided at all cost. Sadly, the UK population is deeply asleep at the wheel. They will pay an excessively high price for their failure.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  11. Re:Britis Spies Uber Alles. by tehcyder · · Score: 2

    It is difficult not to see these revelations as the last gasp of privacy for the once proud British people.

    When the law is compromised to it's very roots as it now appears, then the only law that matters is that of breaking down and rebuilding...

    You forgot to mention that we can't even do a proper revolution now because the government took all our guns away.

    Oh, and literally Nineteen Eighty Four!

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  12. Not acceptable by sjbe · · Score: 4, Insightful

    Yet on the other I don't see why, if you were trying to stop a serious threat

    What serious threat are you stopping by spying on the communications of journalists and lawyers? We protect the professional actions of those groups for VERY good reasons. Reasons which far outweigh any information that might be gleaned from violating their confidential relationship. If a client cannot trust their communications to be confidential between themselves and their lawyer then there is no possible way for them to have a fair trial.

    1/ If the information gathered by spying was specifically barred from being used in court

    You don't need to involve a court to ruin someone's life. See Guantanamo Bay. Plenty of evidence there that would be inadmissible but the government is keeping people locked up indefinitely without charge or any opportunity to seek redress.

    2/ If additional authority had to be granted by the judiciary for the act

    Which results in a rubber stamp kangaroo court like the FISA court.

    3/ If there were clear checks and balances in place to deal with abuse.

    Checks and balances require a separate party with equal power. No such entity exists if actions like these are perfectly legal.

  13. Violation of confidentiality and the consequences by sjbe · · Score: 4, Informative

    If you violate lawyer client privilege you remove someone's ability to get a fair trial.
    If you violate doctor patient privilege you endanger public health as well as potentially the health of that person.
    If you violate journalist source relationships you enable corruption by the state.

    We protect these relationships because any minor benefit to the state achieved by violating the sanctity and trust in these relationships has follow on consequences that endanger the well being of a democratic society. Public health, fair trials, government accountability. All these things are kept in check in large part because we protect certain relationships between professionals and the groups they work with.

  14. Re:It's what you do with it that counts by The+Ickle+Jones · · Score: 5, Insightful

    So when London or insert your European capital or major city here, has 30 or 40 Boston style bombings in month will you still be saying this?

    I'll say the same as I said on 9/11: There's no such thing as perfect safety, and the very idea is terrifying. I rejected the TSA, the Patriot Act, and all the nonsense that followed, because I actually have principles and understand the concept of probability to a far greater extent than so many fools who, if they were truly rational, wouldn't get into a car. Freedom is more important for safety. If you feel otherwise, North Korea may be right up your alley.

    But hey, let's using this stupid logic in an alternate scenario. If you were a murderer who was caught murdering someone, would you still be saying there should be laws against murdering? I'm going to assume the answer would be "No." Why? Because I can. And because I assumed that, your arguments for why there should be laws against murder are somehow invalid. And if that's not the sort of point you intended to convey, then why bring up that stupid nonsense about how I supposedly might believe differently if X happened? It serves no useful purpose.

  15. Re: There can be no defense AGAINST this. by John.Banister · · Score: 3, Insightful

    This assumes you're unique. If you're one of millions of people using default/secure communication from the likes of Apple and Google, that will tend to mask any additional encryption you bring to the table. Then, you're not a person of interest for using encryption, and you only have to avoid becoming a person of interest the old fashioned way.

  16. Say goodbye to attorney-client privilage by penguinoid · · Score: 3, Insightful

    Our allies can legally spy on your meeting with your lawyer, and then they can tell the relevant government what they learned. Same as with spying on the general population, we can't do it but our allies can do it and tell us all about it.

    At some point maybe we should start being concerned that the government is treating the Constitution as a hostile document to be worked around.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  17. Re:If a lawyer or journalist needs protection by Anne+Thwacks · · Score: 2
    do they spy on politicians over there too?

    Several Prime Ministers have been spied upon as potential Soviet agents - so the answer you are looking for is YES

    They are spies - they spy on everyone if they did not spy on everyone, how would they know who to spy on? Should you trust them? If you dont know how to think for yourself, then the answer does not matter.

    --
    Sent from my ASR33 using ASCII
  18. Re:Full passage by FhnuZoag · · Score: 2

    In other words, despite the summary saying "British spies have been granted the authority to secretly eavesdrop on legally privileged attorney-client communications", the actually released documents say almost exactly the opposite.

    British spies explictly do not have, by default, the authority to target the communications of lawyers, and even if they were granted authority, legally privileged attorney-client communications are explicitly barred from their access, being excised from transcripts by audio analysts before being passed to investigators.