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Challenge Over UK Bulk Hacking Powers Taken To European Court of Human Rights (vice.com)

Joseph Cox, reporting for Motherboard: On Friday, activist group Privacy International and five internet and communications providers lodged an application before the European Court of Human Rights to challenge the UK's use of bulk hacking powers abroad. "The European Court of Human Rights has a strong track record of ensuring that intelligence agencies act in compliance with human rights law. We call on the Court to hold GCHQ accountable for its unlawful bulk hacking practices," Scarlet Kim, legal officer at Privacy International, said in a statement. The application has been made with UK-based non-profit GreenNet, the Chaos Computer Club from Germany, Jibonet from South Korea, US internet service provider May First, and communications provider Rise Up. In 2014, Privacy International filed a complaint over the country's bulk hacking powers with the UK's Investigatory Powers Tribunal, a court which determines if public authorities have unlawfully used covert techniques. In February of this year, the IPT concluded that GCHQ's hacking was legal under the UK's Intelligence Service Act 1994. Privacy International is now challenging whether the UK's interpretation of the Intelligence Service Act for using bulk hacking powers complies with the European Convention of Human Rights (ECHR).

33 comments

  1. But Brexit? by Anonymous Coward · · Score: 0

    Does the EU court have any say?

    1. Re:But Brexit? by RabidTimmy · · Score: 1

      UK hasn't initiated their leave yet.

    2. Re: But Brexit? by Anonymous Coward · · Score: 0

      Until the UK officially leaves the EU, it makes sense that a European court would have jurisdiction.

    3. Re:But Brexit? by Anonymous+Brave+Guy · · Score: 4, Insightful

      The European Convention on Human Rights and its associated court aren't EU institutions, so Brexit won't directly affect them. However, all EU member states are required to be signatories of the ECHR, so Brexit does mean that the UK could at some future point do things like withdrawing from the ECHR and repealing the Human Rights Act (which is the associated national law), while such actions are not permitted as long as the UK remains a member of the EU.

      (Just to confuse the issue, there is also a separate Charter of Fundamental Rights of the European Union, which would typically be enforced in the European Court of Justice, which is one branch of the Court of Justice of the European Union. At least one other high profile case regarding the British government's surveillance powers, brought by two serving MPs no less, recently followed that path rather than relying on the ECHR. And to think, some people argue that European politics is overcomplicated...)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    4. Re:But Brexit? by azzy · · Score: 2

      European Court of Human Rights is not a body of the EU. So Brexit has nothing to do with it one way or another.

    5. Re:But Brexit? by Anonymous Coward · · Score: 0

      The European Court of Human Rights is not related to the EU, but to the Council of Europe.

      https://en.wikipedia.org/wiki/European_Court_of_Human_Rights
      https://en.wikipedia.org/wiki/Council_of_Europe

    6. Re:But Brexit? by FlyHelicopters · · Score: 0

      Does the EU court have any say?

      Not really... The UK is a sovereign nation, if they feel that this is needed for national security, nothing a court says in another land is going to change anything...

    7. Re:But Brexit? by Fragnet · · Score: 1

      The ECHR isn't the ECJ. When we leave the EU, we'll leave the jurisdiction of the ECJ. The ECHR is a completely different body, with 47 member states.

    8. Re:But Brexit? by Anonymous Coward · · Score: 0

      I stand corrected. Thanks

    9. Re:But Brexit? by sjames · · Score: 1

      Even that wouldn't necessarily disentangle them from this matter since the allegation is bulk hacking outside of the UK.

    10. Re:But Brexit? by NotInHere · · Score: 3, Informative

      To make the story even more complicated: the uk has opted out of the charter of fundamental rights: https://en.wikipedia.org/wiki/...

    11. Re: But Brexit? by Anonymous Coward · · Score: 0

      The ECHR is a separate thing from the EU.

    12. Re:But Brexit? by Anonymous Coward · · Score: 0

      Oh my smelly ANUS! It is so brown. It is so PUCKERED. It is so rancid!

      Absent a car analogy for the Soros authored EU immigration policy, an anal analogy will have to do!

    13. Re:But Brexit? by MrL0G1C · · Score: 1

      And when did we get a referendum on whether we wanted 'fundamental rights'? Honestly the Poles and the Brits (I am one) are stupid enough to vote against having rights. Kind of like stabbing yourself in the face just in case you're a terrorist.

      --
      Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
    14. Re:But Brexit? by Anonymous Coward · · Score: 0

      You utterly fail at the reading comprehension thing, don't you?

      Next time, pay attention to that instead of the boner you got as soon as you'd found an excuse to use the word "sovereign".

    15. Re:But Brexit? by AHuxley · · Score: 1

      Given the total needed overview e.g. of Ireland/UK and all communications in and out of Ireland in the ~1970-90's no future treaty would in any way hinder such ability to bulk collect.
      The UK gained amazing and total insight into Irish fundraising and resulting hardware shipments from the US east coast by bulk collecting every call to and from the USA to Ireland and the wider UK.
      Any needed help from the telco sector was a given when setting up a new network, been granted a telco role.
      Police powers might be reworked for the public but thats to hide deeper gov and mil bulk collection from legal teams in open court.
      e.g. CID might not get as much raw material as a good legal team might uncover the origins given time, funds and questions in open court or to gov. The ability to stay more hidden e.g. a more protected Special Branch could have been a better option for mil/gov collected material. All any open court questions would find is very legal primitive sigint, call logs vs very advance sat ability, decryption, teams to track any person globally.
      The other option was to present the legal teams with police support teams as been the full and only the origin of all logs, collection and advice. No further legal ability was then given to uncover the more complex role of gov, mil teams in any open court setting.
      Any other skill set was not for open court and thus outside discovery and did not fall under any public treaty consideration.
      Any treaty is fine to sign and keep if nobody can ever find or report on any issues with the obligations and protections in public. In or out of the EU does not confirm, uncover, allow for the discovery of or gain oversight of any wider digital collection ability.

      --
      Domestic spying is now "Benign Information Gathering"
    16. Re:But Brexit? by FlyHelicopters · · Score: 1

      You utterly fail at the reading comprehension thing, don't you?

      That's ok, you failed at the reality comprehension thing...

      What is the court going to do about it? Go to war with the UK? The 5th largest economy and military in the world?

      Why do you think Japan still hunts whales? Because no one can actually do anything about it to stop them... Because they are Japan... If it was New Zealand doing it, then they could be stopped...

    17. Re:But Brexit? by Anonymous Coward · · Score: 0

      Why do you think Japan still hunts whales? Because no one can actually do anything about it to stop them... Because they are Japan... If it was New Zealand doing it, then they could be stopped...

      You're confused. It's because nobody bothers enough, not because nobody can do anything.

      Not even the aliens give enough of a shit.

    18. Re:But Brexit? by dave420 · · Score: 1

      It's OK. Bow out gracefully. You don't seem to understand this, which is fine.

    19. Re:But Brexit? by FlyHelicopters · · Score: 1

      Yea, you're a moron, go back to your weed and stay out of adult conversations...

      Every single comment I've seen from you has been completely stupid, you are an idiot, you probably come from a whole family of idiots.

      You frankly have nothing useful to say.

  2. in other news by zlives · · Score: 5, Funny

    UK to hold referendum on exiting the Human race. Being Human is just not that popular in majority of the world govts.

    1. Re:in other news by Anonymous Coward · · Score: 2, Insightful

      Islam and human rights are incompatible.

    2. Re:in other news by Anonymous Coward · · Score: 0

      Being human is just not that popular ...

      Which is where the term 'human being' comes from: Meaning you're not a 'citizen', although you might be a 'subject' (owned by royalty). In England, the Magna Carta also comes from the king and thus applies to all his subjects even if they have fewer rights than a citizen. As a monarchy, the UK government, technically speaking, cannot disobey the Magna Carta. Which is why criminals in the UK must be charged with a crime, 14 days after their jailing. While republics like the USA, Germany and Poland have indefinite detention.

    3. Re:in other news by Anonymous Coward · · Score: 1

      Most religions are about the rights of the God(s), not about the rights of the mankind, let alone individuals. Our collective sleep is interrupted only by hanging on the rope that is suspended over the pit of annihilation.

    4. Re:in other news by AmiMoJo · · Score: 1

      So is Christianity. And Judaism. Somehow Christians and Jews managed to integrate into our society though.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    5. Re:in other news by Anonymous Coward · · Score: 0

      Somehow Christians and Jews managed to *create* our society. The society as you know it didn't appear from thin air. This tells us a lot about Christianity and Judaism and their vision of tolerance.

    6. Re:in other news by Anonymous Coward · · Score: 1

      Somehow Christians and Jews managed to *create* our society. The society as you know it didn't appear from thin air. This tells us a lot about Christianity and Judaism and their vision of tolerance.

      Errr, not really. societies tend to stagnate when religions get a hold of the reins. European society pretty much spun it's wheels for several hundred years until the church started to lose its grasp on every day life. Once the reformation occurred in the Catholic church, European society began it's build up to the industrial revolution.
      So yeah, Christianity may have been the religion of choice (pretty much mandatory if you wanted to be anyone back in early European society) but the societies it was in control of never really flourished until Christianity lost it's grip...

    7. Re:in other news by dave420 · · Score: 1

      If you had said fundamental Islam, I'd agree with you. I'd also have to mention that fundamental Christianity, Judaism - you name it - are also just as incompatible with human rights. Moderate forms recognise this and so focus on the internal relationship between believer and their god or gods, instead of trying to reshape society in the image of their religion.

  3. Missing Victim? by Anonymous Coward · · Score: 0

    The Privacy International needs a local (UK) victim who have been hacked and have gone through the whole British legal system while claiming the violation of the human rights. Privacy International can't be the plaintiff unless they have been hacked by the UK government in UK. Unless of course, the rules of the court have changed significantly in recent years. Other arenas like the ICJ with the governments involved (Germany, South Korea, US) might be more effective, although a few phone calls with the members of the special relationship end the hope that the governments would protect the assets of their citizens and potentially those of the nations via legal means.

  4. FBI BurEAU HD BUREAU HEAD by Anonymous Coward · · Score: 0

    We don't care about your hacking court powers OK. This used to be a good site. Now it is the Feds? assholes. I agree with what the other commenters said in the stories above.

    1. Re:FBI BurEAU HD BUREAU HEAD by Zontar+The+Mindless · · Score: 1

      Ignore it, and it'll go away. That's always worked out so well...

      --
      Il n'y a pas de Planet B.
  5. Hacking? or Cracking??? by Anonymous Coward · · Score: 0

    Immediately after a post discussing the meaning of the term /. propagates the incorrect meaning. Shame on you, shamedot. When writing code one can go in with a metaphorical scalpel, a ginsu, or can hack it up with an axe or chainsaw; cracking on the other hand gains unauthorized access, like a safe cracker. Even if it's an electronic safe he's not a "safe hacker", he's a "safe cracker". A safe hacker would take pieces of many safes and hack them together into a working safe, even if it shouldn't work. Ipso facto these would be bulk cracking powers.