Email Snooping Law Will Give Spies 'Unfettered' Access To Private Data, David Davis Says

PA/The Huffington Post  |  By Posted: 2/04/2012 08:57 Updated: 2/04/2012 16:47

Coalition plans to expand the powers of the security services to monitor emails and phone calls will give them "unfettered access to every single communication" people send, a senior Tory MP has warned.

Under legislation expected in next month's Queen's Speech, internet companies will be instructed to install hardware enabling GCHQ - the government's electronic "listening" agency - to examine "on demand" any phone call made, text message and email sent, and website accessed, in "real time" without a warrant.

A previous attempt to introduce a similar law was abandoned by the former Labour government in 2006 in the face of fierce opposition from the Conservatives and the Liberal Democrats as well as civil liberties groups.

Under the new plans the security services would still require a warrant to read the contents of any intercepted emails of phone calls, but they would be able to examine who sent what to whom, when it was sent, and how long the communication lasted.

Speaking on BBC Radio 4's Today programme on Monday morning, former Tory leadership candidate and shadow home secretary David Davis dismissed the idea that the proposed law would not enable GCHQ to snoop on the content of emails and phone calls.

"Your web address is content, if you access a web[site] it's content," he said. "It's a very very big widening of powers that will be very much resented by very many citizens".

Are you worried about greater powers for the government to listen in on you? Tell us here.

The plan has also been criticised for being at odds with the promise in the coalition agreement that the Conservatives and Liberal Democrats would "reverse the substantial erosion of civil liberties under the Labour Government and roll back state intrusion".

The document that forms the basis of the governing agreement between the two parties also pledges to end the "storage of internet and email records without good reason".

Senior MPs from both coalition parties have lined up to condemn the move by ministers to revive the plan, denouncing it as an unnecessary extension of the state's powers to "snoop" on its citizens.

The Home Office argued that the measure was "vital" to combat terrorism and organised crime and stressed a warrant would be needed in order to access the content of the communications they were monitoring.

BLOG: Is Big Brother Really Bothered?

However that did little to allay the concerns of critics who said the authorities would still be able to trace who people were in contact with and how often and for how long they were communicating.

"It is not focusing on terrorists or on criminals. It is absolutely everybody. Historically governments have been kept out of our private lives," said Davis.

"Our freedom and privacy has been protected by using the courts by saying 'If you want to intercept, if you want to look at something, fine, if it is a terrorist or a criminal go and ask a magistrate and you'll get your approval'. You shouldn't go beyond that in a decent, civilised society but that is what is being proposed.

"They don't need this law to protect us. This is an unnecessary extension of the ability of the state to snoop on ordinary innocent people in vast numbers. Frankly, they shouldn't have that power."

Mark Field, a Conservative member of the the parliamentary Intelligence and Security Committee, which oversees the work of the intelligence agencies, said he believed that opposition had grown since the last attempt to legislate.

"I would imagine that if anything the sentiment has become even stronger among MPs across the House that they would be extremely concerned if this were to see the light of day in legislation in this entirely unvarnished way," he told BBC Radio 5 Live's Pienaar's Politics.

"I think the notion of having a warrant and having this done through an open and transparent legal process is one that has worked well and I hope that it will work well in the future."

The senior Lib Dem MP Malcolm Bruce, also speaking on Pienaar's Politics, warned that the system could be wide open to abuse.

"The problem we have had in the past is this information has been leaked, lost, stolen. I think there would be very, very real concerns that it could be open to all kinds of abuse.

"We have had a situation where police have been selling information to the media. I think we are in a very, very dangerous situation if too much information is being passed around unnecessarily."

Liberty director Shami Chakrabarti warned that it would undermine the coalition's commitment to human rights if it went ahead with the plan.

"There is an element of whoever you vote for the empire strikes back," she told Sky News's Murnaghan programme.

"This is more ambitious than anything that has been done before. The coalition bound itself together in the language of civil liberties. Do they still mean it?"

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In early 2002 the government amended the Regulation of Investigatory Powers Act (RIPA) to allow much greater access to people's phone and email records.

The changes were the forerunner to what's being proposed now. Those changes a decade ago allowed governments to know who was emailing each other, or ringing or texting each other, but stopped short of routinely accessing the content of those communications.

Dropping that safeguard could be among the changes being proposed now.

The Home Office, however, said it was essential that the police and security services were able to access communications data and that ministers would be bringing forward legislation "as soon as parliamentary time allows".

"It is vital that police and security services are able to obtain communications data in certain circumstances to investigate serious crime and terrorism and to protect the public. We need to take action to maintain the continued availability of communications data as technology changes," a spokesman said.

"Communications data includes time, duration and dialling numbers of a phone call, or an email address. It does not include the content of any phone call or email and it is not the intention of government to make changes to the existing legal basis for the interception of communications."

Liberal Democrat leader and deputy prime minister Nick Clegg sought to calm fears that the plan went against the core beliefs of his party.

"I am totally opposed to the idea of governments reading people's emails at will or creating a new central government database," he said.

"The point is we are not doing any of that and I wouldn't allow us to do any of that.

"I am totally opposed to it as a Liberal Democrat and someone who believes in people's privacy and civil liberties.

"All we are doing is updating the rules which currently apply to mobile telephone calls to allow the police and security services to go after terrorists and serious criminals and updating that to apply to technology like Skype which is increasingly being used by people who want to make those calls and send those emails."

Nick Pickles, director of the Big Brother Watch campaign group, said: "No amount of scare-mongering can hide the fact that this policy is being condemned by MPs in all political parties.

"The government has offered no justification for what is unprecedented intrusion into our lives, nor explained why promises made about civil liberties are being casually junked.

"The silence from Home Office ministers has been deafening. It is remarkable that they wish to pry into everything we do online but seem intent on avoiding any public discussion."

The government's former independent reviewer of terrorism legislation, Lord Carlile, said he expected parliament to demand strict safeguards on any new powers but he told the BBC Radio 4 Today programme the proposals were about updating existing regulations.

He said: "There is nothing new about this. The previous government intended to take similar steps and they were heavily criticised by the coalition parties.

"But having come into government, the coalition parties have realised this kind of material has potential for saving lives, preventing serious crime and helping people to avoid becoming victims of serious crime.

"Parliament will apply the most anxious scrutiny to any proposed legislation of this kind.

"We are talking about the updating of existing practices.

"When I was independent reviewer of terrorism legislation, I looked at this issue for the last government and I suggested there should be an independent board which scrutinised all this activity and ensured it was not simply the police or the security services that makes these decisions but they were properly, independently monitored - and that is what I expect parliament to demand.

"There is actually very little, if any, evidence known to me to show current powers have been used improperly.

"I agree we do need to ensure there is proper independent scrutiny, maybe of a much more substantial kind than exists at the moment to ensure these powers, when they are used, they are used proportionately. What we have to protect the public from is arbitrary action by the government or any government authority."

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Coalition plans to expand the powers of the security services to monitor emails and phone calls will give them "unfettered access to every single communication" people send, a senior Tory MP has warne...
Coalition plans to expand the powers of the security services to monitor emails and phone calls will give them "unfettered access to every single communication" people send, a senior Tory MP has warne...
 
 
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HUFFPOST SUPER USER
Lord Justice Wolf
11:05 AM on 04/28/2012
Yes it is an infringment of civil liberties and privacy, who will monitor the monitors? Government will subcontract the job as they always do were they could potentially become liabile for some breach or LOSS of data so WHO will they subcontract the job too? How safe will there database be? It has to go on a data base because there is not enough personell to monitor in real time every IP/MAC on the planet, so it will need to be recorded and stored. This is every page, every byte of data including online banking etc? You may think it doesnt mean that but it means every page you view online? But you may think it doesnt mean YOU, as your not a terrorist or peado? Initially it will mean every 'user' as they dont no your not upto no good do they? So there will be a database on every internet user on the planet. Hackers can hack anything if they want too? If a criminal wants to communicate they will buy laptops with false names and use unsecure wireless networks of yours or anyones and send what they want. Its boll..ks? They use terror, peado, criminals as excuse to spy on you?
04:21 PM on 04/05/2012
There never did seem to be much difference between comunism as practiced in pre-Berlin Wall days and extreem Right Wing Conservative ideology.
Cameron's lot adds to this feeling.
It won't really stop those who want to do a diservice to Britain: all too easy to buy a SIM card, internet enable it and use Skype, email and even send hard-copy letters from the comfort of a hidden location. PGP software will make disciphering messages very time consuming.
I'm sending this from a cell phone whilst in Australia.
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06:10 PM on 04/03/2012
whos going to drink the kool-aid??
04:32 PM on 04/03/2012
The more I hear about the Government's intentions to monitor the email's of over 70Million UK Internet users, along with more additional incoming email's coming in around the Clock from outwith the UK, then just how many Official Snooper's will this coverage take to find unknown individuals that the Securities Services, The Home Office, and other Government Department's are totally currently unaware of.

Any General Surveillance of around the clock rolling email Data will be totally impossible to read, and Act upon in Real - Time.
HUFFPOST SUPER USER
Lord Justice Wolf
11:16 AM on 04/28/2012
Precisley, so they will need a database of every user in the UK. So when your online doing a bit of online banking, remember that every password will be recorded and logged and stored. The GCHQ officer found trussed up in a bag? Ministers or the MET says he was ideal blackmail material? So just how safe will this super database be then and who will monitor the monitors? This has about 0.1% to do with catching peado's and criminals or terrorists? This is more to do with the London riots and how the Police were caught with there pants down and the potential of a repeat because of government making a hash of there job and the country so they want pre-warning of trouble and to know the subversives so they can act on anyone not liking there policies. Opress society, have the upper hand on any trouble makers who want to carry out peacefull demonstrations. And when it goes bad and the data base gets hacked and everyone loses there bank details or someone gets blackmailed by terrorists what then? Conservatives blocked this in 2006 with Lib dems? Now they want to sneak it in? Cameron didnt want to be sneaked on then when labour was in charge, now he wants to sneak on others including labour before the next election
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HUFFPOST SUPER USER
Roger Cottrell
03:05 PM on 04/03/2012
Saw from The Guardian, tis morning, that some of the Liberals are feeling squeamish about this legislation which almost pust Britain on a par with China when it comes to policing the Internet!! Too bad that they continue to prop up this government that outsources repression and shreds democratic rights the way its pledged to privatizing the health service out of existence.
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Mickey Mouse 1
There are no lies or deceit on a chess board.
09:03 AM on 04/03/2012
"A previous attempt to introduce a similar law was abandoned by the former Labour government in 2006 in the face of fierce opposition from the Conservatives and the Liberal Democrats as well as civil liberties groups."

"The Home Office, however, said it was essential that the police and security services were able to access communications data and that ministers would be bringing forward legislation "as soon as parliamentary time allows".

"It is vital that police and security services are able to obtain communications data in certain circumstances to investigate serious crime and terrorism and to protect the public. We need to take action to maintain the continued availability of communications data as technology changes," a spokesman said."

It sounds like successive governments have let too many criminals and terrorists into the country from abroad for votes. They should deport them instead of snooping on us and they should get out of Europe..
11:09 PM on 04/03/2012
Is that seriously what you got from this? Seriously?
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Mickey Mouse 1
There are no lies or deceit on a chess board.
11:43 PM on 04/03/2012
What did you get from it?
08:22 AM on 04/03/2012
We will soon be walking about with a bar/code,
stamped on our foreheads.
wes
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06:10 PM on 04/03/2012
i want one.put all of our credit cards and everything on there so no one has to carry wallets or i.ds anymor
08:01 AM on 04/03/2012
they say if you have nothing to hide then you have nothing to ba afraid of . THEY ALLWAYS SAY THAT !!!!!!!!!!!!!!!!!!!!!
This comment has been removed.
10:13 AM on 04/03/2012
Hi rrcw/.
That was an old saying, sad too say it
does not apply now.
I just heard a man on the tv this morning
saying prominent people have to cover their
mouths, in case lip readers are watching them.
How sad is that.
wes
07:54 AM on 04/03/2012
I assume "we will all be in this together" and this snooping will include all MPs, the wealthy, and so called celebs, it seems these people are the only ones who seem to whinge when their private communications are exposed. Suppose I am just being unrealistic thinking this will include everyone, or will this not include the "chosen few"
07:37 AM on 04/03/2012
What is this government all about; extreme right wing, wanting to tap your phone, will not talk to the petrol companies, will not talk to the unions, will not talk to anyone, they know best!!! We know best too, and what a mistake this government has been. It is putting this society 50 years behind.
03:31 AM on 04/03/2012
In a morbid kinda way, I can't wait for this country to become a totalitarian state.. just so I can say to all those people that didn't believe it would happen: "I told you so"
02:01 AM on 04/03/2012
Legislation like this is introduced for the best intentions but makes us hostage to those less well intentioned.
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HUFFPOST SUPER USER
whapgra
01:51 AM on 04/03/2012
More than 97% of all e-mails sent over the net are unwanted, according to a Microsoft security report.The e-mails are dominated by spam adverts for drugs, and general product pitches and often have malicious attachments. so if the government wants to let GCHQ look at my spam they are welcome too as i never do.
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HUFFPOST SUPER USER
whapgra
01:42 AM on 04/03/2012
When Labour were in government they tried to do the same thing but the conservative opposition objected to it, now they are in power they are a for it. I wonder if the Labour opposition will now object... just proves you cannot believe what a politicion says.
12:35 AM on 04/03/2012
THEIR WATCHING YOU!!!!!!!!!!

WHO IS NUMBER 1???
Richard Britton
British Socialist Global Realist
01:31 AM on 04/03/2012
this is why stamps went up
03:27 AM on 04/03/2012
I was thinking that snail mail's popularity would increase as a result - but this has just explained one or two things!!! Well spotted!!