Open Missive Of The Alphabet On The Uk's Information Memory In Addition To Investigatory Powers Bill

Tuesday 15^th July 2014

To all Members of Parliament,

Re: An opened upward missive of the alphabet from UK meshing constabulary academic experts

On Th 10 July the Coalition Government (with back upward from the Opposition) published draft emergency legislation, the Data Retention as well as Investigatory Powers Bill (“DRIP”). The Bill was posited every bit doing no to a greater extent than than extending the information retentiveness powers already inwards forcefulness nether the European Union Data Retention Directive, which was lately ruled incompatible amongst European human rights constabulary past times the Grand Chamber of the Court of Justice of the European Union (CJEU) in the joined cases brought past times Digital Rights Republic of Ireland (C-293/12) as well as Seitlinger as well as Others (C-594/12) handed downwards on 8 Apr 2014.

In introducing the Bill to Parliament, the Home Secretary framed the legislation every bit a reply to the CJEU’s determination on information retention, as well as every bit essential to save electrical current levels of access to communications information past times constabulary enforcement as well as safety services. The authorities has maintained that the Bill does non contain novel powers.

On our analysis, this pose is false. In fact, the Bill proposes to extend investigatory powers considerably, increasing the British government’s capabilities to access both communications information as well as content. The Bill volition growth surveillance powers past times authorising the authorities to;

·         compel whatever somebody or companionship – including meshing services as well as telecommunication companies – exterior the UK of Britain as well as Northern Republic of Ireland to execute an interception warrant (Clause 4(2));

·         compel persons or companies exterior the UK of Britain as well as Northern Republic of Ireland to execute an interception warrant relating to acquit exterior of the UK (Clause 4(2));

·         compel whatever somebody or companionship exterior the UK to produce anything, including complying amongst technical requirements, to ensure that the somebody or companionship is able, on a continuing basis, to assistance the UK amongst interception at whatever fourth dimension (Clause 4(6)).

·         order whatever somebody or companionship exterior the UK of Britain as well as Northern Republic of Ireland to obtain, retain as well as reveal communications information (Clause 4(8)); and

·         order whatever somebody or companionship exterior the UK of Britain as well as Northern Republic of Ireland to obtain, retain as well as reveal communications information relating to acquit exterior the UK (Clause 4(8)).

The legislation goes far beyond precisely authorising information retentiveness inwards the UK. In fact, DRIP attempts to extend the territorial accomplish of the British interception powers, expanding the UK’s mightiness to mandate the interception of communications content across the globe. It introduces powers that are non solely completely novel inwards the United Kingdom, they are approximately of the commencement of their variety globally.

Moreover, since volume information retentiveness past times the UK falls inside the compass of European Union law, every bit it entails a derogation from the EU's e-privacy Directive (Article 15, Directive 2002/58), the proposed Bill arguably breaches European Union constabulary to the extent that it falls inside the compass of European Union law, since such volume surveillance would nevertheless autumn foul of the criteria start out past times the Court of Justice of the European Union inwards the Digital Rights as well as Seitlinger judgment.

Further, the neb incorporates a issue of changes to interception whilst the purported urgency relates solely to the hitting downwards of the Data Retention Directive. Even if in that place was a existent emergency relating to information retention, in that place is no apparent argue for this haste to survive extended to the surface area of interception.

DRIP is far to a greater extent than than an administrative necessity; it is a serious expansion of the British surveillance state. We urge the British Government non to fast rail this legislation as well as instead apply sum as well as proper parliamentary scrutiny to ensure Parliamentarians are non mislead every bit to what powers this Bill genuinely contains.

Signed,

Dr Subhajit Basu, University of Leeds

Dr Paul Bernal, University of East Anglia

Professor Ian Brown, Oxford University

Ray Corrigan, The Open University

Professor Lilian Edwards, University of Strathclyde

Dr Theodore Konstadinides, University of Surrey

Professor Chris Marsden, University of Sussex

Dr Karen Mc Cullagh, University of East Anglia

MD Daithí Mac Síthigh, Newcastle University

Professor David Mead, University of East Anglia

Professor Andrew Murray, London School of Economics

Professor Steve Peers, University of Essex
Julia Powles, University of Cambridge

Professor Burkhard Schafer, University of Edinburgh

Professor Lorna Woods, University of Essex

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