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UK's GCHQ Intelligence Agency Violated Human Rights With Its Mass Surveillance Tactics, Top European Court Rules (theguardian.com)
GCHQ's methods in carrying out bulk interception of online communications violated privacy and failed to provide sufficient surveillance safeguards, the European court of human rights (ECHR) has ruled in a test case judgment. From a report: But the Strasbourg court found that GCHQ's regime for sharing sensitive digital intelligence with foreign governments was not illegal. It is the first major challenge to the legality of UK intelligence agencies intercepting private communications in bulk, following Edward Snowden's whistleblowing revelations. The long-awaited ruling is one of the most comprehensive assessments by the ECHR of the legality of the interception operations operated by UK intelligence agencies. The case was brought by a coalition of 14 human rights groups, privacy organisations and journalists, including Amnesty International, Liberty, Privacy International and Big Brother Watch. In a statement, published on Amnesty's website, Lucy Claridge, Amnesty International's Strategic Litigation Director, said, today's ruling "represents a significant step forward in the protection of privacy and freedom of expression worldwide. It sends a strong message to the UK Government that its use of extensive surveillance powers is abusive and runs against the very principles that it claims to be defending." He added: This is particularly important because of the threat that Government surveillance poses to those who work in human rights and investigative journalism, people who often risk their own lives to speak out. Three years ago, this same case forced the UK Government to admit GCHQ had been spying on Amnesty -- a clear sign that our work and the people we work alongside had been put at risk. The judges considered three aspects of digital surveillance: bulk interception of communications, intelligence sharing and obtaining of communications data from communications service providers. By a majority of five to two votes, the Strasbourg judges found that GCHQ's bulk interception regime violated article 8 of the European convention on human rights, which guarantees privacy, because there were said to be insufficient safeguards, and rules governing the selection of "related communications data" were deemed to be inadequate, The Guardian newspaper reported.
Commenting on the ruling, Snowden, wrote, "For five long years, governments have denied that global mass surveillance violates of your rights. And for five long years, we have chased them through the doors of every court. Today, we won. Don't thank me: thank all of those who never stopped fighting."
Commenting on the ruling, Snowden, wrote, "For five long years, governments have denied that global mass surveillance violates of your rights. And for five long years, we have chased them through the doors of every court. Today, we won. Don't thank me: thank all of those who never stopped fighting."
Why do I have the feeling that this is a purely symbolic "win"?
Will anybody bear any consequences as a result of this? - Probably not although some low level bureaucrat could play fall guy.
Will the data gathered in violation be destroyed? - How could it be, it's already been "shared".
Will this be prevented from happening again? - Most certainly not.
So yeah, I'm not exactly celebrating...
If you want people to be able to advocate for change in other countries an a way that is illegal for them to advocate for in those countries.
You cannot expect to gather enough information on everyone to stop people from advocating for change in your country. ( even if they advocate for change by protesting and bombing you).
âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
Brexit.
well after bxexit the this court ruling will be killed.
Funny how sharing surveillance data of millions of people is not illegal. Are they sure nobody played any copyrighted material while being surveilled, didn't they distribute copyrighed material in that case?
Damages could go into trillions! Call the MPAA and RIAA!
Imagine what these governments would do if everyone PAID THEIR FAIR SHARE!!!!
With more money and resources, everything will get BETTER!!!
TRUST ME!!!
The ECHR is not part of the EU infrastructure, and after Brexit the UK will still come under it, unless we separately decide to quit. Brexit removes the UK from the ECJ, which is a separate beastie.
The UK government pays a small fine and GCHQ will implement sufficient safeguards and continue their mass surveillance programs like nothing ever happened. A lazy government is an evil government.
... a little fine, maybe two... and then it's back to business as usual.
Call me when something actually changes.
News at 11
If the courts found the government in the wrong, the it's only a short matter of time before they stop this illegal surveillance, right? Right????
We Brits chose the wrong target. The ECJ is mostly sensible (if you accept the EU Treaties, which I don't). But the ECHR is totally beyond logic, there is no (current) plan for the UK to withdraw from a (different, non-EU) Treaty, and it's a mystery why we still assign our quota of judges there.
Given that a broader swathe of politicians including Theresa May than even the undemocratic minority pushing for hard Brexit for which there's no democratic mandate support pulling out of the ECHR too then it would seem naive to believe that if we're going to get a Brexit that runs against the democratic mandate only for soft Brexit, that something like membership of the ECHR will somehow survive.
If we can't even get a democratic Brexit - i.e. the soft Brexit that both a general and local elections, as well as all polling since the Brexit vote have shown the populace as having chosen, and are instead having hard Brexit forced on us by a bunch of anti-Democratic authoritarians like Theresa May, Boris Johnson and Rees-Mogg, then why would you think for a minute they'll keep ECHR membership? Theresa May has long shown her disdain for it, and if even she has, it's pretty clear the even further right, even more authoritarian members of her party running the show like Rees-Mogg now would too.
At the end of the day, the whole reason Brexit hard liners like Farage and Rees-Mogg wanted Brexit in the first place was precisely so they could obtain more power for themselves to breach human rights - if you thought they were in it for the little guy, then I have a bridge to sell you. No, when they said "more sovereignty", what they ALWAYS meant was the ability to trample human rights without something like the ECHR protecting people. Brexit has always been a power play for the hard and far right to limit the "pesky" EU from ruling against their hard and far right authoritarian agendas. That's why before they figured out more popular ways to sell their particular brand of authoritarianism such as blaming migrants for everything the key reasons they always cited for wanting to leave the EU were things like scrapping the working time directive, getting rid of minimum wage, ditching human rights law. You only have to look at the political history and the things the people who backed Brexit were calling for over the last 20 years to see that the ECHR is EXACTLY the type of thing they always wanted to get rid of.
Churchill was instrumental in creating the ECHR precisely to prevent the likes of the far right in Germany ever disenfranchising large swathes of the population (i.e. Jews, Gays, Romas) like they did in the 30s and 40s ever again. It shouldn't be surprising that the same far right that have been the driving force behind Brexit also want rid of the ECHR too, and currently we're letting them have their way in spite of the demonstrated democratic will of the people for soft Brexit only (and based on more recent polls, if you put any weight in them over actual elections due to their recency, cancellation of Brexit altogether).
The UK is slow but steadily taking more and more steps toward a police state.
Let's be pretty clear. The reason at least Boris Johnson wanted Brexit was he saw it as a pathway to Number 10. I do agree about Farage and Rees-Mogg (the latter looks and talks like a Bond villain for chrissake). All in all, Brexit was a good example of a rightfully angry electorate picking the wrong tool to fix a problem. The good thing is that it appears that the Tories as a group seem to backing May and the Chequers Agreement, in no small part because apart from Rees-Mogg's little cabal, no one really wants Boris Johnson to be PM, and also because everyone understands all too clearly that Europe is Britain's largest trading partner, and falling back on WTO rules would devastate the financial industry.
I doubt there'll be a second referendum, so I think Britain is facing exit from the EU, but with a Soft Brexit that will go some distance towards protecting key industries, preventing the re-establishment of a border between Ireland and Northern Ireland, as well as undermining any new attempts by Scottish nationalists to use Brexit as a hinge point to make a bid for a new referendum (all of these demonstrate just how insane putting an entire nation's economic welfare and unity in the hands of an angry electorate). But I also suspect that we'll probably be looking at re-entry of the UK into the EU at some point in the next 25 years, and this time without the special considerations (goodbye pound sterling).
The world's burning. Moped Jesus spotted on I50. Details at 11.
In 25 years, I doubt what you understand to be the EU today will even exist. It will either fail completely or have managed to ensure its dominion through military force. It cannot sustain itself economically in its current state and when it is done devouring its remaining productive members, those will be the two remaining options.
Mind the frickin' laser...
Does it matter, the UK is leaving the EU ðYðY
Your alternative reality doesn't sound very fun.
... is a cornerstone of the tripartite democratic system, this judgement is a testament to strength. This would never happen in most countries, that is their weakness.
Have we been waiting for confirmation on how corrupt gchq end of 'five eyes' is before Trump exposes the russian hoax fraud before the world?
DO IT!
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