In December, the CJEU stated that the British and Swedish investigatory powers laws were in contravention to the EU’s Charter of Fundamental Rights. This was in the case of the UK partly based on the litigation started by Tom Watson MP, initially with David Davies MP. This was reported in the Register, here, and the Guardian here. The Open Rights Group have asked for people to engage in the Home Office consultation; they propose to put a judicial warrant requirement on investigation requests for suspect internet data. This blog discusses my contribution. If you want to follow me, you’ll have to be quick the consultation closes tomorrow.
Tag Archives: investigatory powers
I was privileged to attend Labour’s Annual Conference in Liverpool as a voting delegate. The Conference was the book-end of a summer in which the Labour Party re-opened the debates about programme and strategy which many had thought finished last year. This article reports my experience and views; it is quite long, about 2750 words and is broken up into sections, Unity and the membership, some comments on the politics of Conference, a short section on the future, also covering the Tuesday atmosphere and Wednesday’s Leader’s speech. This is followed by a commentary on the Rules debate and the surrounding shenanigans; the main part of this article/report is concluded with comments on the state of the debate on Immigration and Brexit.
Given Dianne Abbott’s appointment as Shadow Home Secretary I feel there is an opportunity to change and challenge Labour’s position of abstention on the Regulatory Powers Bill. There is some urgency to this as today is the last day in which Peers can place amendments to the 3rd Reading.
The arguments in favour of passing the RPB is that the current surveillance laws are inappropriate for today’s technology and the current regulatory regime is insufficiently powerful. The arguments against are that the legalisation of past illegal practice and the authorisation of new powers are a massive breach of the rights to justice and privacy, there is zero proportionality and the proposals are of unknown effectiveness.
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.