The New Snooping Bill Needs a Total Rewrite

Don't Spy On Us

Yesterday I wrote again in defence of politicians.  Many of the frustrations that give rise to ‘anti-politics’ are borne of people not understanding how politics works: there is a constant need to compromise and any hard choice will end up disappointing people.

Sometimes, however, the anti-political feeling is justified.  I have rarely been as angry with politicians as I was when the coalition government passed the Data Retention and Investigatory Powers Act in just two days in 2014.  This legislation made lawful a number of mass violations of privacy that the security services had been caught doing without public or parliamentary consent.  The politicians from all parties made mendacious arguments in favour of the new law, claiming an ’emergency’ when there was none.

From that low point, my faith in parliament is slowly being restored. Continue reading “The New Snooping Bill Needs a Total Rewrite”

Surveillance: It’s not all about you

The Investigatory Powers Bill will be published tomorrow.  The Home Secretary will set out her vision for what snooping powers the security services should have in their tool-box, and also what oversight parliament, the judiciary, and independent ‘watchdogs’ should have over the use of those powers.

I work for English PEN, one of the six organisations leading the Don’t Spy On Us campaign.  Be in no doubt I will be sharing our analysis of the proposed new law and recommendations for improvement.

A constant issue regarding civil liberties (and one that we have discussed before on these pages) is how to convince members of the public to care about human rights when few of us ever actually experience a violation of those rights.  In the past, I have discussed the idea of ‘everyday rights‘ and the notion that, even if we are not tortured or detained, our lives are made marginally worse when our rights are eroded, even in small ways. Continue reading “Surveillance: It’s not all about you”

A Grim Future for our Unions and our Rights

Crikey. I’m dismayed by the result of the general election.

First, I should note just how wrong my own perception of the election campaign turned out to be!  After the leaders debates I said I expected Ed Miliband to be Prime Minister in May. That is clearly not going to happen.  And earlier this week I said I perceived a decline in the influence of the mainstream media on election campaigns.  After the apparent last minute shift in voters’ intentions, that appears to be incorrect.

However, my dismay comes not from the injury to my pride which results from making poor predictions.  Rather, it’s the prospect of what comes next for our unions (yes, unions plural) and our rights as citizens.

First, the fact that David Cameron will attempt to govern alone with a minority government, or a slender majority, will mean that the more Euroskeptic elements to the the right of the Conservative party will be able to hold him to ransom—just as the SNP would have apparently held a Labour government hostage.  The Conservatives have already promised that we will have a referendum on our membership of the European Union.  We now face the prospect of leaving the EU, sundering and cauterising our cultural and economic links with the continent.  This isolation will not be good for the UK.

A ‘Brexit’ will further strengthen the already jubilant Scottish National Party.  Despite the slightly skewed results that our ‘first past the post’ system delivers I just do not see how another referendum on Scottish Independence can still be ‘off the table’. For goodness sake—all but three MPs in Scotland are from the SNP!   If the UK leaves the EU, and with the other parties’ reduced political presence, another plebiscite on Independence would probably yield a ‘Yes’ vote.  Bye bye Scotland.

Finally, the Conservatives have also promised to scrap the Human Rights Act, a pledge that lawyers think is ‘legally illiterate’.  The so-called ‘British Bill of Rights’ will water down the rights that we currently enjoy.  And since the Tories gutted legal aid provision and squeezed the judicial review process, it will be harder than ever for citizens to hold the government to account when it deploys discriminatory policies against us.  

So by the time of the next general election in 2020, there is a very good chance that those of us living in rUK will have lost the political protections of the EU, will have lost the guarantee that out human rights will be protected, and will have lost a progressive political counter-weight to the Tories that may be found in Scotland. And the right-wing media will cheer it all.

Grim, grim grim.

Twitter Asbos would squeeze freedom of expression without curbing anti-Semitic hatred

First published in the International Business Times.

Last week, the Community Security Trust, a charity that records attacks and harassment against Jews living in the UK, recorded 1,168 anti-Semitic incidents in 2014 — double the figure reported in the previous year.

On Monday, a group of British MPs published a report noting that whenever there is heightened conflict in the Middle-East, the rate of crime against Jews in the UK increases. The All-Party Parliamentary Group Against Antisemitism (APPGAA) also noted that the problem “continues to emanate from Islamist extremists, far-left and far-right groups” and made a number of recommendations to government, the police and the media to combat the issue.

The APPGAA report singles out social media as “a breeding ground for serious discriminatory and racist content” and recommends that the Crown Prosecution Service explores the use of prevention orders in cases where someone has been prosecuted for cyber-hate. Offenders would have their devices confiscated and be banned from using social media. The newspapers have labelled this idea ‘Twitter ASBOs’. Continue reading “Twitter Asbos would squeeze freedom of expression without curbing anti-Semitic hatred”

Dear Lord King: Ludditry is not cool, it’s dangerous

Oh! This puts me in such a bad mood.

https://twitter.com/jjvincent/status/560082501075742721

Lord King is author of amendments tabled last week to the Counter Terrorism and Security Bill. They would have granted the government surveillance powers without proper checks and balances. Arguing in favour of the changes, Lord King admitted he did not use social media and did not understand apps like WhatsApp or SnapChat. Continue reading “Dear Lord King: Ludditry is not cool, it’s dangerous”

Debunking the myth that MPs are lazy and selfish

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On the Spectator blog, Isabel Hardman does a fantastic job in exposing a particular internet meme as a straightforward lie.

You probably know the message in question. It’s the one that has two pictures of the House of Commons side by side – one empty chamber, labelled ‘debate on welfare’ (or something like that); and another of a full chamber, with the label ‘debating MPs’ salaries’. The idea being that MPs are lazy and selfish.

I’ve just posted a comment on the article, and thought I may as well paste it here too. It fits very nicely with the counter-cultural ‘politicians aren’t all bad’ contrariness of other offerings.

Continue reading “Debunking the myth that MPs are lazy and selfish”

How British values influence the European Court of Human Rights

In the past few months, I’ve given over a couple of posts to the Labour Party and human rights. See my report of Yvette Cooper’s speech, or Sadiq Khan’s speech, for example. As such, its worth bookmarking a recent Daily Telegraph piece by Khan, on the Human Rights Act, and Britain’s relationship with the European Court of Human Rights.

The lay-reader may appreciate a quick overview of these human rights mechanisms. First, the European Convention on Human Rights incorporates basic protections into a Europe-wide treaty. The UK government must protect human rights because it has signed a treaty saying it shall do so—the rights have not been ‘imposed’ on us by European bureaucrats. The convention also establishes a court (at Strasbourg) to hear cases of human rights abuses. We in UK and the other signatory states are bound by the rulings of the court because we chose to sign the treaty. Continue reading “How British values influence the European Court of Human Rights”

Against recalls

It’s rare that I’m at odds with that über efficient mass progressive campaigning movement, 38 Degrees, but today I am.

Their latest campaign is in favour of an MP ‘recall’ system.

MPs can be sent to prison, can fiddle their expenses or break their promises and we can only get rid of them on election day.

The answer, they say, is a ‘recall’ law by which 10% of the electorate could sign a petition that forces a by-election.

I disagree with this idea for reasons of pragmatism and principle.  First, a recall law could used to hack and disrupt the political system. Continue reading “Against recalls”

The Defamation Act 2013: Complete & Unabridged

As is my wont, I made a book to illustrate this. Physical objects are useful props in debates like this: immediately illustrative, and useful to hang an argument and peoples’ attention on.

James Bridle is probably best known as the artist who first articulated ‘The New Aesthetic‘, but he has run many projects on books and technology. His project ‘The Iraq War‘ is a favourite of mine – the entire Wikipedia Edit History of the ‘Iraq War’ article, from 2005-2009, which stretches to twelve volumes. He’s also the creator of a Book of Tweets.

James’ projects are the inspiration of one of my own – The Defamation Act 2013: Complete & Unabridged. It collects together, in chronological order, every single parliamentary document published during the passage of the recent reform of our libel law. These include the various versions of the Bill (which I have previously published in a spliced together version, ‘Tracked Changes in the Defamation Bill‘), the parliamentary Hansard transcripts of the debates; and the amendment papers. Continue reading “The Defamation Act 2013: Complete & Unabridged”