The BBC is reporting the European Court of Human Rights (ECHR) ruled an EU directive (One that requires phone and internet companies to retain communications data of when and who their customers called, texted, and emailed, but not what was said for a 12-month period) as unlawful. In a reaction to this the UK government is set to railroad new legislation within a week that keeps the existing pervasive snooping laws legal.
The unheard speed of passing this legislation is almost guaranteed by support of the three main political parties in the UK parliament.
Without a new law being passed in the UK to retain the powers, the British Prime Minister claims that that information could be destroyed within weeks by companies fearing legal challenges, meaning police and the security services would not be able to access it.
There would also be new moves to "increase transparency and oversight", including:
- A senior diplomat will be appointed to lead discussions with the US government and internet firms to establish a new international agreement for sharing data between legal jurisdictions
- The creation of a new Privacy and Civil Liberties Oversight Board to "examine" the impact of the law on privacy and civil liberties
- A "review" of the controversial Regulation of Investigatory Powers Act (RIPA)
- Annual government "transparency reports" on how these powers are used
- A "restriction" on the number of public bodies able to ask for communications data
- The so-called sunset clause ensuring these powers end in 2016 to ensure a longer and wider "debate" about what more draconian laws will replace them
(Score: 5, Insightful) by The Archon V2.0 on Thursday July 10 2014, @05:42PM
> The unheard speed of passing this legislation is almost guaranteed by support of the three main political parties in the UK parliament.
And people ask me why I "waste" my vote on minor parties. It's better than wasting it on the major ones, at least.
(Score: 2) by emg on Thursday July 10 2014, @05:59PM
But the Lib-Dims are a minor party, and they're apparently still supporting this.
They'll be an even more minor party after the next election, as they've managed to alienate pretty much all their previous supporters. This will probably get rid of the rest of them.
(Score: 3, Interesting) by lhsi on Thursday July 10 2014, @06:07PM
Loz Kaye, leader of the UK Pirate Party commented on the "Data Retention and Investigatory Powers" Bill earlier [twitter.com]:
Democracy undermined not with a bang, but with a DRIP.
(Score: 1) by azrael on Thursday July 10 2014, @07:12PM
and PPUK press release on this at https://www.pirateparty.org.uk/press/surveillance-stitch-be-rushed-through [pirateparty.org.uk]
(Score: 2) by rts008 on Thursday July 10 2014, @08:40PM
Well said!
Perfect answer to those that claim that voting for third party/independant candidates are 'throwing their vote away' dolts here in the USA.
(Score: 2) by emg on Thursday July 10 2014, @09:02PM
Dude, the "third party" in the UK are voting FOR this.
(Score: 2) by Nerdfest on Thursday July 10 2014, @05:43PM
So much for "government for the people".
(Score: 3, Informative) by isostatic on Thursday July 10 2014, @08:54PM
It is government for the people, just some of the people, not all of them
(Score: 2) by Nerdfest on Thursday July 10 2014, @08:59PM
So effectively, the famous "they" that has always been referred to actually exists.
(Score: 2) by mrider on Thursday July 10 2014, @09:45PM
Of course they do Pinky! The Horde of Ecumenical Yodelers.
Doctor: "Do you hear voices?"
Me: "Only when my bluetooth is charged."
(Score: 2) by AnythingGoes on Thursday July 10 2014, @09:28PM
(Score: 2) by GlennC on Thursday July 10 2014, @06:06PM
My interpretation:
A senior diplomat will be appointed to lead discussions with the US government and internet firms to establish a new international agreement for sharing data between legal jurisdictions - in other words, "Here's what we have on your citizens, which we'll share with you if you share what you have on our citizens."
The creation of a new Privacy and Civil Liberties Oversight Board to "examine" the impact of the law on privacy and civil liberties - in other words, "Let's see what we missed this time, and let's expense this 'fact finding' trip with our hook...er, aides."
A "review" of the controversial Regulation of Investigatory Powers Act (RIPA) - in other words, "we'll throw some money to the blokes we don't like as much so they can have a pint or two. If they find something we've missed, that's a bonus."
Annual government "transparency reports" on how these powers are used - "Bread and Circuses, featuring a Two Minute Hate."
A "restriction" on the number of public bodies able to ask for communications data - "I mean, what if (that other group we don't like) gets access to our source of control?"
The so-called sunset clause ensuring these powers end in 2016 to ensure a longer and wider "debate" about what more draconian laws will replace them - No further explanation needed.
Sorry folks...the world is bigger and more varied than you want it to be. Deal with it.
(Score: 3, Interesting) by frojack on Thursday July 10 2014, @06:20PM
How does new laws get around the ruleling?
Is that all it takes to side step the much vaunted EU privacy protections?
No, you are mistaken. I've always had this sig.
(Score: -1, Offtopic) by Anonymous Coward on Thursday July 10 2014, @06:50PM
> Discussion should abhor vacuity, as space does a vacuum.
Since space is 99.99999% vacuum, you appear to be promoting meaningless discussion.
Unless you've gone all meta and have made your sig a self-referential example of what not to do.
But, I don't think that's the case case since you got the quote wrong - it's nature, not space.
(Score: 3, Informative) by azrael on Thursday July 10 2014, @07:16PM
Data Retention Directive was an 'instruction' for laws. Some countries implemented it with primary legislation and others with secondary legislation.
When EU court found the DRD to be in breach of human rights it removed the DRD as being legitimate. Those countries who implemented via primary legislation don't need to care, as they have their own top-level law replicating it. Those who implemented via secondary legislation (which includes the UK) saw the basis of their legislation removed. The solution (to keep on snooping on everything) is to fast-track some primary legislation. That's what we're seeing now.
(Score: 2) by frojack on Thursday July 10 2014, @09:49PM
Ah, good info, thanks.
Is there some definition of Primary Level and Secondary Level? Does it vary from country to country?
Do you know if there are other countries (Germany for example) that are thumbing their nose at the court?
No, you are mistaken. I've always had this sig.
(Score: 2, Informative) by Anonymous Coward on Friday July 11 2014, @12:16AM
Germany, for one, has no data retention law. There used to be one but it was ruled to be against the Grundgesetz (what counts as a constitution over here) by the highest German court. The court also set a rather high barrier to what a new law would have to entail. Governments since then have been sort-of dragging their feet in getting that into an actual law and now it seems to be dead in any case.
http://en.wikipedia.org/wiki/Telecommunications_data_retention#Germany [wikipedia.org]
http://www.dw.de/data-retention-sticking-point-for-germany/a-17552971 [www.dw.de]
(Score: 2) by mojo chan on Friday July 11 2014, @07:33AM
Hopefully once the new law is in place it will be challenged under Human Rights rules, just like the original EU rules were. It is going to take a long time and a lot of money though.
const int one = 65536; (Silvermoon, Texture.cs)
(Score: 3, Interesting) by zafiro17 on Thursday July 10 2014, @09:23PM
This is a classic move. Read about the benefits of instilling a Culture of Fear here: http://www.dictatorshandbook.net/book/node100.html [dictatorshandbook.net] And read about how would-be autocrats manipulate the media here: http://www.dictatorshandbook.net/book/node236.html [dictatorshandbook.net]
What's sad isn't how awful this move is, it's how brazenly obvious it is.
Dad always thought laughter was the best medicine, which I guess is why several of us died of tuberculosis - Jack Handey
(Score: 2, Funny) by wantkitteh on Thursday July 10 2014, @10:16PM
If you live in the UK, write to your local MP right now! I just did, you should too.