Pupil Barrister

Tag: privacy (Page 2 of 5)

The New Snooping Bill Needs a Total Rewrite

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

I Take Full Responsibility For Apple Inc Protecting The Privacy of a Dead Terrorist

Apple have refused an FBI request to help crack the iPhone of a terrorist.
Ray McClure, the uncle of murdered soldier Drummer Lee Rigby has said that Apple is protecting terrorists, and that ‘life comes before privacy’.
I think Drummer Rigby’s uncle is mistaken, both in his assumptions about what Apple is technically capable of, and the moral trade-off between life and privacy.
We need to understand that Apple are not being asked to decrypt just the iPhone of one particular terrorist.  They are not like a landlord with a spare key that will open a particular door.  If they were, then there would be legitimacy in Mr McClure’s complaints.  A judge could examine the particular case at hand, and then sign a warrant that permitted entry to the property or decryption of a device.  Targeted surveillance and privacy violations are a legitimate law enforcement tool.
But that is not the request.  Instead, the FBI have asked Apple to hack their entire operating system in such a way that would enable them to by-pass encryption on any iPhone.  Including mine. Continue reading

How We Export The Erosion of Human Rights

Whenever I moan about the British Government interfering with and weakening our human rights protections, one thing I usually note is what a terrible example it sets to other countries around the world.  How can we expect other Governments to respect human rights if we do not respect them ourselves.
Here is a concrete example of this problem in action, courtesy of The Guardian.

China introduces its own ‘snooper’s charter’
Defending the law, the Chinese government pointed to legislation proposed in Western nations, such as Britain’s draft investigatory powers bill, which grants similar powers to the UK government.

There is no need to comment further at this point.

GCHQ Has Not Been Here

The draft Investigatory Powers Bill was published at the beginning of November.  Its a huge document and the Government promised there would be ample time for scrutiny before MPs start the formal legislative process next year.  Unfortunately, some are suggesting it now be rushed through in the wake of the Paris attacks. Continue reading

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