UK Government Goes Ahead With Revised Surveillance Bill

Despite a trio of parliamentary committees (ISC, STC and a joint select committee) criticizing the UK government’s draft surveillance legislation, and some committee members even calling for a complete rethink, the government is rushing ahead anyway.

It has introduced a tweaked version of the IP bill to parliament, and reiterated that new legislation “needs to be in force” by 31 December this year.

The Home Office has tightened up privacy safeguards in proposed new spying laws - but police will get more power to see Internet browsing records. The Investigatory Powers Bill will force service providers to store browsing records for 12 months. It will also give legal backing to bulk collection of Internet traffic.

The Home Office was forced to revise the draft bill after concerns by three committees of MPs it did not do enough to protect privacy and was too vague.

The Investigatory Powers Bill (IP bill) has been trailed as a necessary piece of legislation to plug so-called “capability gaps” for security and law enforcement agencies, and also as an overdue update to the legal framework around the use of such powers.

While never explicitly mentioned by government, the 2013 disclosures by NSA whistleblower Edward Snowden underlie the controversial attempt to put mass surveillance techniques that had been used for years by domestic security agencies (not always legally) on a secure legal footing.

The Home Office has published the full text of the amended bill, along with a clutch of documents relating to the proposed legislation, including codes of practice for the various powers.

The move comes less than a month after the bill was savaged by the Intelligence and Security committee, for having inconsistent and inadequate privacy protections, and yet having overly broad intrusive powers. You could say Home Secretary, Theresa May, is not for turning…

The Home Office claims the revised bill and the “further explanatory material” it has published responds to “the vast majority of the recommendations” made by the trio of critical committees.

Critics of the bill are saying the opposite — that the amended version of the bill does little to address fundamental concerns with the draft bill. And indeed, even further tightens the security screw in some instances — such as by extending police access to UK citizen’s web browsing records for specific crimes, as the Guardian has noted.

Police will also be able to deploy hacking in cases involving a “threat to life” or missing persons. And police use of these powers does not require the so-called “double-lock” ministerial authorisation that other intercept warrants do require.

In terms of the changes it has made in response to committee feedback, the government is saying it has “refined technical definitions” and published additional material such as the codes of conduct in the interests of increasing clarity about how powers in the bill will be used and why they are need.

It also claims to have enhanced privacy safeguards — noting specifically that it has added additional protections for journalists and lawyers.

On the web browsing records element of the legislation, it says it will “continue to work closely with industry to develop implementation plans for retaining Internet connection records in response to recommendations from the Joint Committee and the Science and Technology Committee”.

Internet connection records (or ISCs) refers to the requirement in the legislation that ISPs retain details on the websites accessed by users for the past 12 months. Industry concerns about the cost of implementing such a massive data capture system are clearly not going away. And the government’s early cost estimate for implementing ISCs (£247 million) looks unlikely to stand still.

Introducing the revised bill in parliament today, May claimed recommendations from the committees had “provided the basis for the legislation being brought forward today”.

Amendments to the draft legislation she specifically flagged up include a shorter period of time before urgent warrants that have been authorized solely by the Home Secretary must be retroactively reviewed by a judicial commissioner; the adding in of “statutory safeguards” to prevent domestic security agencies asking overseas partners to intercept communications where they do not have a warrant; and a degree of clarification on the bill’s encryption fudge — “to put beyond doubt that companies can only be asked to remove encryption that they themselves have applied (or has been applied on their behalf by a third party), and that they will not be asked to remove encryption where it is not practicable for them to do so”.

However she also noted the government has rejected calls to eject bulk equipment interference warrants (aka mass hacking as a sanctioned state agencies investigatory technique) from the bill. “This is a key operational requirement for GCHQ,” she told parliament. “We have published a public case for the use of bulk powers which sets out why this power remains necessary.”

The now published operational case for bulk EQ, as it’s known, and also bulk interception (aka mass surveillance) states that these are “foreign-focused powers” — allowing the security and intelligence agencies to “gather overseas-related communications of terrorists, serious criminals and state based threats in parts of the world where the UK may have a limited or no physical presence”.

“Warrants for these powers must not be sought with the intention of acquiring the communications or private data of people in the UK,” it adds. (The key phrase there is of course ‘with the intention of’ — as is the case when you use a very large scoop to harvest anything in bulk you are not able to be discriminating, and so UK citizens’ data is going to end up being lifted in this dragnet…)

Another recommendation the government has rejected is the justification of “economic well-being”, linked to national security, as a purpose for which some of the powers set out in the bill can be used. “That is in line with the statutory purposes of the intelligence agencies and relevant European Directives,” said May.

Now that the full text of the bill plus detailed documents pertaining to the proposed legislation are in the public domain there’s a crowd-sourced scrutiny effort in train, with people tweeting out a series of observations that would appear to contradict government claims.

Techcrunch: http://tcrn.ch/1RjemTI
BBC: http://bbc.in/1TNUKgr

 

« Mobile And IOT Technologies Are Inside The Curve Of Human Time.
ISIS Hack The Wrong Google »

Infosecurity Europe
CyberSecurity Jobsite
Perimeter 81

Directory of Suppliers

NordLayer

NordLayer

NordLayer is an adaptive network access security solution for modern businesses — from the world’s most trusted cybersecurity brand, Nord Security. 

DigitalStakeout

DigitalStakeout

DigitalStakeout enables cyber security professionals to reduce cyber risk to their organization with proactive security solutions, providing immediate improvement in security posture and ROI.

CYRIN

CYRIN

CYRIN® Cyber Range. Real Tools, Real Attacks, Real Scenarios. See why leading educational institutions and companies in the U.S. have begun to adopt the CYRIN® system.

Directory of Cyber Security Suppliers

Directory of Cyber Security Suppliers

Our Supplier Directory lists 7,000+ specialist cyber security service providers in 128 countries worldwide. IS YOUR ORGANISATION LISTED?

Practice Labs

Practice Labs

Practice Labs is an IT competency hub, where live-lab environments give access to real equipment for hands-on practice of essential cybersecurity skills.

Syhunt Security

Syhunt Security

Syhunt is a leading player in the web application security field, delivering its assessment tools to a range of organizations across the globe.

DynaRisk

DynaRisk

DynaRisk helps companies protect their staff, clients and supply chain from cyber threats by enabling people to take action for themselves.

VXRL

VXRL

VXRL is a Hong Kong-based cybersecurity company. We provide consulting services, penetration testing, and corporate training.

NinjaJobs

NinjaJobs

NinjaJobs is a community-run job platform developed by information security professionals. We focusing strictly on cybersecurity positions.

Network Center Inc (NCI)

Network Center Inc (NCI)

NCI is one of the largest IT solution providers in the Midwest. We specialize in industry specific technology solutions, service, support, and expertise for small to enterprise businesses.

Astaara

Astaara

Astaara is an integrated insurance services and risk management advisory business incorporating cyber risk advisory, underwriting and analytics.

Industrial Defender

Industrial Defender

Committed to ICS Cybersecurity. Industrial Defender provides a fully automated solution to discover, track and report on assets across your ICS footprint.

Raman Power Technologies

Raman Power Technologies

Raman Power Technologies focus on bringing value and solving business challenges through the delivery of modern IT services and solutions including cybersecurity.

Forta

Forta

Forta is a real-time detection network for security & operational monitoring of blockchain activity.

Digital Edge

Digital Edge

Digital Edge provides unparalleled Managed Cloud Solutions, as well as superior Information Technology Support Services.

Getronics

Getronics

Getronics guides customers through their own transformation journeys, leveraging an integrated and secure-by-design IT portfolio.

Serbus

Serbus

Serbus Secure is a fully managed suite of secure communication, enterprise mobility and mobile device security tools.

Tidal Cyber

Tidal Cyber

We formed Tidal for one simple reason—we believe that defenders need and deserve tools and services that make achieving the benefits of threat-informed defense practical and sustainable.

ABPGroup

ABPGroup

ABPGroup is Asia’s leading cybersecurity technology provider focusing on providing best-of-breed solutions that address today’s pressing challenges.

Kontra

Kontra

Kontra application security training is an interactive and intuitive learning experience that engages developers.

Two Candlesticks

Two Candlesticks

Two Candlesticks is a global cybersecurity service provider delivering high level consultancy, strategy, and frameworks to governments, regulators and midsized companies.