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posted by martyb on Tuesday May 21 2019, @03:13PM   Printer-friendly
from the Quis-custodiet-ipsos-custodes? dept.

https://www.techdirt.com/articles/20190516/06282042219/after-five-year-legal-battle-top-judges-rule-that-uks-spying-activities-can-be-challenged-ordinary-courts.shtml

The digital rights group Privacy International has won a major victory against UK government surveillance after a five-year legal battle. One of the many shocking revelations of Edward Snowden was that the UK security and intelligence services break into computers and mobile phones on a massive scale. Privacy International challenged this "bulk" surveillance at the UK's Investigatory Powers Tribunal (IPT), the "judicial body which operates independently of government to provide a right of redress for anyone who believes they have been a victim of unlawful action by a public authority using covert investigative techniques". In February 2016, the IPT dismissed Privacy International's challenge, ruling that:

the UK government may use sweeping 'general warrants' to engage in computer hacking of thousands or even millions of devices, without any approval from by a judge or reasonable grounds for suspicion. The Government argued that it would be lawful in principle to use a single warrant signed off by a Minister (not a judge) to hack every mobile phone in a UK city -- and the IPT agreed with the Government.

[...]Undeterred, the digital rights group applied for and was granted permission to appeal to the UK's Supreme Court, which has now ruled that IPT decisions can indeed be challenged in the courts (pdf).

[...]Privacy International intends to take advantage of the new judgment immediately to tackle the UK's bulk surveillance revealed by Snowden:

Today's ruling paves the way for Privacy International's challenge to the UK Government's use of bulk computer hacking warrants. Our challenge has been delayed for years by the Government's persistent attempt to protect the IPT's decisions from scrutiny. We are heartened that our case will now go forward.


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  • (Score: 2) by Runaway1956 on Tuesday May 21 2019, @05:18PM (1 child)

    by Runaway1956 (2926) Subscriber Badge on Tuesday May 21 2019, @05:18PM (#845870) Journal

    "We aren't compelled to obey the courts, or any other oversight efforts."

    "Oh yeah you are!"

    The natural retort will be, "Bugger off, you can't touch us, since you don't even know what we're doing. BTW, you have some nice kiddie porn images on your phone - want to share them with the media?"

    • (Score: 2) by Freeman on Tuesday May 21 2019, @08:07PM

      by Freeman (732) on Tuesday May 21 2019, @08:07PM (#845910) Journal

      Sounds like an old plot.

      --
      Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"
  • (Score: 4, Insightful) by bradley13 on Tuesday May 21 2019, @07:41PM (2 children)

    by bradley13 (3053) on Tuesday May 21 2019, @07:41PM (#845901) Homepage Journal

    Really, it's sheer arrogance: "we are the government, we can do whatever we want". The UK is following in US footsteps: secret proceedings, secret courts, or even "why bother with a warrant". A government really should not be allowed very many secrets: essentially all governmental activities should be public, possibly with a very short delay. Let the light in!

    Power corrupts. Governments have a lot of power, and some of the people in government will be corrupted. Hence, the need for transparency.

    --
    Everyone is somebody else's weirdo.
    • (Score: 3, Informative) by PartTimeZombie on Tuesday May 21 2019, @08:46PM

      by PartTimeZombie (4827) on Tuesday May 21 2019, @08:46PM (#845923)

      Corruption is probably part of the story in the UK, but they have a certain section of their ruling party who feel they are born to rule. For example Jacob Rees-Mogg (Honourable Member for the 18th century) who is a huge fan of Brexit, largely so they won't have to answer to anyone again, just like things were when "our sort of people" ran the place.

      People like Boris Johnston, Rees-Mogg and Nigel Farrage probably think extending the franchise to the working class and women was a mistake.

    • (Score: 2) by kazzie on Wednesday May 22 2019, @11:51AM

      by kazzie (5309) Subscriber Badge on Wednesday May 22 2019, @11:51AM (#846148)

      Oliver Cromwell only reinstated Charles I's British postal service (after executing him and creating a commonwealth) when he realised the postmaster general could keep tabs on dissidents' letters.

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