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PM's envoy: international data-sharing laws insufficient for security services PM's envoy: international data-sharing laws insufficient for security services
(about 9 hours later)
Existing international laws will never be enough to persuade US internet companies to hand over their customers’ personal data to the British security services in urgent counter-terrorism or “threat-to-life cases”, according to a secret report by the prime minister’s special data envoy.Existing international laws will never be enough to persuade US internet companies to hand over their customers’ personal data to the British security services in urgent counter-terrorism or “threat-to-life cases”, according to a secret report by the prime minister’s special data envoy.
An official two-page summary of the report by Sir Nigel Sheinwald, David Cameron’s special envoy on intelligence and law enforcement data sharing, says he has started talks on a new international data-sharing treaty with the internet companies, the US and other governments. He hopes the treaty w ill give the British police and security services access to stored content in serious crime and counter-terrorism cases. The conclusions of his report were leaked to the Guardian earlier this month.An official two-page summary of the report by Sir Nigel Sheinwald, David Cameron’s special envoy on intelligence and law enforcement data sharing, says he has started talks on a new international data-sharing treaty with the internet companies, the US and other governments. He hopes the treaty w ill give the British police and security services access to stored content in serious crime and counter-terrorism cases. The conclusions of his report were leaked to the Guardian earlier this month.
The official summary was published as MPs held the first full Commons debate on the Anderson report, which called for a complete “clean slate” in Britain’s surveillance laws and said no compelling case had yet been made for the introduction of the “snooper’s charter”, including tracking everyone’s history of web browsing.The official summary was published as MPs held the first full Commons debate on the Anderson report, which called for a complete “clean slate” in Britain’s surveillance laws and said no compelling case had yet been made for the introduction of the “snooper’s charter”, including tracking everyone’s history of web browsing.
Sheinwald’s proposal for a new international data-sharing treaty is seen in some quarters as a more transparent, “front-door” alternative to the problem of securing the co-operation of the US internet companies. The Home Office has in the past proposed using “backdoor” methods to access personal data, such as requiring UK-based phone companies to intercept third-party data passing over their networks. Sheinwald’s proposal for a new international data-sharing treaty is seen in some quarters as a more transparent, “front-door” alternative to the problem of securing the cooperation of the US internet companies. The Home Office has in the past proposed using “backdoor” methods to access personal data, such as requiring UK-based phone companies to intercept third-party data passing over their networks.
During the debate the home secretary, Theresa May, admitted that the first “snooper’s charter” bill – the 2012 draft communications data bill – had been too widely drawn in its attempt to “futureproof” the powers of the security services.During the debate the home secretary, Theresa May, admitted that the first “snooper’s charter” bill – the 2012 draft communications data bill – had been too widely drawn in its attempt to “futureproof” the powers of the security services.
She insisted that the government had taken no final decisions on the shape of their new investigatory powers bill to be introduced this autumn, including the proposal from David Anderson, the official reviewer of counter-terror laws, that a judicial rather than a ministerial warrant be obtained before the security services can undertake an intercept operation. She insisted that the government had taken no final decisions on the shape of their new investigatory powers bill to be introduced this autumn, including the proposal from David Anderson, the official reviewer of counter-terror laws, that a judicial – rather than a ministerial – warrant be obtained before the security services can undertake an intercept operation.
The former Conservative attorney general Dominic Grieve also warned the home secretary that the onus was now on her to make out a case for what would be lost if ministers were to lose the power to authorise intercept warrants.The former Conservative attorney general Dominic Grieve also warned the home secretary that the onus was now on her to make out a case for what would be lost if ministers were to lose the power to authorise intercept warrants.
The release of the Sheinwald summary coincides with the release of annual reports from two oversight commissioners – one of whom reveals that two contractors working for the security services were sacked and “escorted off the premises” when they were discovered undertaking unnecessary searches of “bulk” personal datasets held by the agencies. The release of the Sheinwald summary coincides with the release of annual reports from two oversight commissioners – one of whom reveals that two contractors working for the security services were sacked and escorted off the premises when they were discovered undertaking unnecessary searches of bulk personal datasets held by the agencies.
Sheinwald says in his summary that the work he has done with the overseas internet companies since last September has improved co-operation on counter-terrorism and other urgent threat to life and child protection cases, but that it still remains incomplete and longer-term solutions are needed. Sheinwald says in his summary that the work he has done with the overseas internet companies since last September has improved cooperation on counter-terrorism and other urgent threat to life and child protection cases, but that it still remains incomplete and longer-term solutions are needed.
He says the government will now take forward his work on “a solution that would allow certain democratic countries to – with similar values and high standards of oversight, transparency and privacy protection – to gain access to content in serious crime and counter-terrorism cases through direct requests to the companies”. He adds: “This proposal offers a sustainable and longer-term solution to data sharing and would aid in resolving inter-jurisdictional issues.”He says the government will now take forward his work on “a solution that would allow certain democratic countries to – with similar values and high standards of oversight, transparency and privacy protection – to gain access to content in serious crime and counter-terrorism cases through direct requests to the companies”. He adds: “This proposal offers a sustainable and longer-term solution to data sharing and would aid in resolving inter-jurisdictional issues.”
Sheinwald adds that this would not undermine the case for updated powers for the security services, or greater oversight, which can be taken forward in parallel. It is thought that Sheinwald’s main concern is over the sharing of stored content and live intercept – neither of which form part of the original communications data bill. New proposals for the “snooper’s charter”, such as storing weblogs, which the home secretary is committed to introduce, would come on top of any new treaty. Sheinwald adds that this would not undermine the case for updated powers for the security services, or greater oversight, which can be taken forward in parallel. It is thought that Sheinwald’s main concern is over the sharing of stored content and live intercept – neither of which form part of the original communications data bill. New proposals for the “snooper’s charter”, such as storing blogs, which the home secretary is committed to introduce, would come on top of any new treaty.
Sheinwald says the current mutual legal assistance treaty which is used to share data across the Atlantic will never be fast enough – it can take up to nine months – or be wide enough in scope to allow for urgent counter-terrorism and other similar requests.Sheinwald says the current mutual legal assistance treaty which is used to share data across the Atlantic will never be fast enough – it can take up to nine months – or be wide enough in scope to allow for urgent counter-terrorism and other similar requests.
He says the complex legal conflicts between different countries’ legislation in this area, the growing offer of “end-to-end” encryption to customers and the increasing storage of data on users’ own devices instead of data centres are changing the situation. “In most circumstances, these prohibit the disclosure of the content of electronic communications stored or intercepted in the US. The Snowden leaks provide a challenging backdrop to this work and have increased the focus on the debate around security and privacy,” he says.He says the complex legal conflicts between different countries’ legislation in this area, the growing offer of “end-to-end” encryption to customers and the increasing storage of data on users’ own devices instead of data centres are changing the situation. “In most circumstances, these prohibit the disclosure of the content of electronic communications stored or intercepted in the US. The Snowden leaks provide a challenging backdrop to this work and have increased the focus on the debate around security and privacy,” he says.
In the Commons the home secretary said that the special data envoy’s report could not be published in full “for obvious reasons” but it focused on creating a new international framework that “would ensure that, where necessary and proportionate, data can be accessed even when it is held outside the requesting country’s jurisdiction”. She said the new legislation to be introduced this autumn would have to be “agile and capable of responding to urgent cases”. In the Commons, the home secretary said that the special data envoy’s report could not be published in full “for obvious reasons” but it focused on creating a new international framework that “would ensure that, where necessary and proportionate, data can be accessed even when it is held outside the requesting country’s jurisdiction”. She said the new legislation to be introduced this autumn would have to be “agile and capable of responding to urgent cases”.
She promised to consult with the police, security and intelligence agencies, law enforcement agencies, and to the telecommunications companies most directly affected before deciding the final shape of Britain’s new surveillance laws.She promised to consult with the police, security and intelligence agencies, law enforcement agencies, and to the telecommunications companies most directly affected before deciding the final shape of Britain’s new surveillance laws.