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| UK intelligence agencies should keep mass surveillance powers, report says | UK intelligence agencies should keep mass surveillance powers, report says |
| (35 minutes later) | |
| UK intelligence agencies should be allowed to retain controversial intrusive powers to gather bulk communications data but ministers should be stripped of their powers to authorise surveillance warrants. | |
| Related: David Anderson, terror watchdog, publishes report on surveillance powers - Politics live | Related: David Anderson, terror watchdog, publishes report on surveillance powers - Politics live |
| That is the conclusion of a major report on British data laws published on Thursday that proposes changes to the oversight of GCHQ and other intelligence agencies. | That is the conclusion of a major report on British data laws published on Thursday that proposes changes to the oversight of GCHQ and other intelligence agencies. |
| The 373-page report, A Question of Trust, by David Anderson QC, also comes in response to revelations by the US whistleblower Edward Snowden about the scale of government surveillance disclosed two years ago. | The 373-page report, A Question of Trust, by David Anderson QC, also comes in response to revelations by the US whistleblower Edward Snowden about the scale of government surveillance disclosed two years ago. |
| GCHQ will be happy to have retained its bulk collection powers while privacy campaigners will be dismayed. The privacy lobby will take comfort though in the shift on warrants to judicial control. | GCHQ will be happy to have retained its bulk collection powers while privacy campaigners will be dismayed. The privacy lobby will take comfort though in the shift on warrants to judicial control. |
| The security agencies are likely to be relaxed about judicial control, which would bring the UK into line with the US and many other intelligence-gathering countries. | The security agencies are likely to be relaxed about judicial control, which would bring the UK into line with the US and many other intelligence-gathering countries. |
| As a direct consequence of the Snowden revelations, the report recommends that existing legislation on surveillance, the Regulation of Investigatory Powers Act (Ripa), be scrapped and fresh legislation drafted from scratch. | As a direct consequence of the Snowden revelations, the report recommends that existing legislation on surveillance, the Regulation of Investigatory Powers Act (Ripa), be scrapped and fresh legislation drafted from scratch. |
| Related: Snooper's charter: landmark report to be released on surveillance powers | Related: Snooper's charter: landmark report to be released on surveillance powers |
| The report by the official reviewer of counter-terrorism laws, was commissioned by David Cameron in July last year. The findings are likely to feed into proposed legislative changes on surveillance announced in the Queen’s speech. | The report by the official reviewer of counter-terrorism laws, was commissioned by David Cameron in July last year. The findings are likely to feed into proposed legislative changes on surveillance announced in the Queen’s speech. |
| Anderson, introducing his report, said: “Modern communications networks can be used by the unscrupulous for purposes ranging from cyber-attack, terrorism and espionage to fraud, kidnap and child sexual exploitation. A successful response to these threats depends on entrusting public bodies with the powers they need to identify and follow suspects in a borderless online world. | Anderson, introducing his report, said: “Modern communications networks can be used by the unscrupulous for purposes ranging from cyber-attack, terrorism and espionage to fraud, kidnap and child sexual exploitation. A successful response to these threats depends on entrusting public bodies with the powers they need to identify and follow suspects in a borderless online world. |
| “But trust requires verification. Each intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with human rights standards and subject to demanding and visible safeguards. | “But trust requires verification. Each intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with human rights standards and subject to demanding and visible safeguards. |
| “The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate. This report aims to help parliament achieve a world-class framework for the regulation of these strong and vital powers.” | “The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate. This report aims to help parliament achieve a world-class framework for the regulation of these strong and vital powers.” |
| GCHQ successfully fought to retain its bulk collection powers. The recommendations of Anderson contrast with events in the US, where the NSA saw at least some curbs placed on bulk collection of phone records by Congress last month. | GCHQ successfully fought to retain its bulk collection powers. The recommendations of Anderson contrast with events in the US, where the NSA saw at least some curbs placed on bulk collection of phone records by Congress last month. |
| Anderson, asked about the contrast with the US, said it would be “quite wrong” to compare laws across jurisdictions, arguing that the US had not abandoned bulk data collection. | Anderson, asked about the contrast with the US, said it would be “quite wrong” to compare laws across jurisdictions, arguing that the US had not abandoned bulk data collection. |
| He argued that there will be some new curbs on warrants for bulk data collection in the UK, including “a tighter definition of the purposes for which it is sought, defined by operations or mission purposes”. | He argued that there will be some new curbs on warrants for bulk data collection in the UK, including “a tighter definition of the purposes for which it is sought, defined by operations or mission purposes”. |
| One of the biggest changes in the report is that “all warrants should be judicially authorised by a judicial commissioner at a new body: the Independent Surveillance and Intelligence Commission”. | One of the biggest changes in the report is that “all warrants should be judicially authorised by a judicial commissioner at a new body: the Independent Surveillance and Intelligence Commission”. |
| Removing the power from ministers could meet with resistance from Westminster, where some ministers and MPs will argue that democratically elected members should be making these decisions rather than judges who do not have access to up-to-date information of terrorist threats. | Removing the power from ministers could meet with resistance from Westminster, where some ministers and MPs will argue that democratically elected members should be making these decisions rather than judges who do not have access to up-to-date information of terrorist threats. |
| The new Independent Surveillance and Intelligence Commission would replace three existing bodies. | The new Independent Surveillance and Intelligence Commission would replace three existing bodies. |
| Anderson said that the existing legislation had reached the end of its useful life. “Ripa, obscure since its inception, has been patched up so many times as to make it incomprehensible to all but a tiny band of initiates. A multitude of alternative powers, some of them without statutory safeguards, confuse the picture further. This state of affairs is undemocratic, unnecessary and – in the long run – intolerable.” | Anderson said that the existing legislation had reached the end of its useful life. “Ripa, obscure since its inception, has been patched up so many times as to make it incomprehensible to all but a tiny band of initiates. A multitude of alternative powers, some of them without statutory safeguards, confuse the picture further. This state of affairs is undemocratic, unnecessary and – in the long run – intolerable.” |
| The intelligence agencies, including GCHQ, have been expressing concern about the increasing use of encryption to protect privacy, with internet providers beginning to offer this as standard. | The intelligence agencies, including GCHQ, have been expressing concern about the increasing use of encryption to protect privacy, with internet providers beginning to offer this as standard. |
| Anderson, in his report, said few propose a master key to all communications be held by the state. “Far preferable, on any view, is a law-based system in which encryption keys are handed over (by service providers or by the users themselves) only after properly authorised requests.” | Anderson, in his report, said few propose a master key to all communications be held by the state. “Far preferable, on any view, is a law-based system in which encryption keys are handed over (by service providers or by the users themselves) only after properly authorised requests.” |
| Anderson said he could not condone Snowden’s disclosure. National security had suffered, he added, but there had also been benefits from the disclosure of the some of the intelligence agency capabilities. | Anderson said he could not condone Snowden’s disclosure. National security had suffered, he added, but there had also been benefits from the disclosure of the some of the intelligence agency capabilities. |
| “The opening up of the debate has however come at a cost to national security: the effect of the Snowden documents on the behaviour of some service providers and terrorists alike has, for the authorities, accentuated the problem of reduced coverage and rendered more acute the need for a remedy,” the report says. | “The opening up of the debate has however come at a cost to national security: the effect of the Snowden documents on the behaviour of some service providers and terrorists alike has, for the authorities, accentuated the problem of reduced coverage and rendered more acute the need for a remedy,” the report says. |