The highest levels of international judiciary have been busy over the last week, I report and comment on the Microsoft vs. FBI on linkedin Pulse, in an article called “Citizens Win”. It was quite simple in the end, the law under which the FBI was seeking search warrant powers was not on of the post 911 laws, but an earlier one and the US District Court says that the law grants no power of inspection abroad. The spooks are going to have to apply for an Irish warrant. In Europe however, Tom Watson’s & David Davies’s judicial review on DRIPA have reached the Advocate General. This reported by Tom Watson here, and by Glyn Moody here. Watson writes about the need for strong judicial review of the search warrants, and Moody brings up that mass surveillance can only be used in the fight against serious crime.
One of Moody’s commentators, T J McIntyre states that
“Serious crime must become an autonomous EU concept, then. In Irish law serious crime includes theft of [a] Mars bar.
Does serious crime include Piracy and how will the dozens of UK government and public sector bodies with current access to phone data fare if their searches are subject to judicial review against a serious crime test.
Others predict that the ruling and its full bench follow-up will create a road bump in the progress of the Investigatory Powers Bill in becoming law.
Also, the US 2nd Circuit court has ruled that locational information can’t be obtained from the mobile network without a warrant; its a common story, in the US citizens are getting their right to privacy back through politics and litigation; it looks like it’ll be much harder in the UK.
Image Credit: Simon Mcgarr @flickr CC 2015 BY-NC