UK's Investigatory Powers Bill to become law despite tech world opposition
- Reference: 1714132811
- News link: https://www.theregister.co.uk/2024/04/26/investigatory_powers_bill/
- Source link:
Dubbed the "snooper's charter" by critics, it aims to widen the digital surveillance powers of the existing Investigatory Powers Act 2016 (IPA) used by UK intelligence services, the police, government, and some emergency services.
Before the [1]latest amendments came into force, the IPA already allowed authorized parties to gather swathes of information on UK citizens and tap into telecoms activity – phone calls and SMS texts.
[2]
The IPB's amendments add to the Act's existing powers and help authorities trawl through more data, which the government claims is a way to tackle "modern" threats to national security and the abuse of children.
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"The world-leading Investigatory Powers regime is crucial to keeping the public safe," said security minister Tom Tugendhat. "That's why we're making urgent, targeted changes to the Investigatory Powers Act to ensure our laws keep pace with rapidly changing technology and to guard against modern threats to national security.
"These changes mean that not only will our citizens be better protected from serious dangers such as terrorism and child sexual abuse online – their privacy will be better protected too."
[5]
The UK government has positioned the changes, which include an expanded remit to collect data on UK citizens en masse, as a means to afford intelligence agencies and the National Crime Agency (NCA) "greater agility and speed" in responding to threats.
Among those alterations is the ability for authorities to surveil targets by gathering their internet connection records. This will allow investigators to determine who connected to what service – such as an app or website – what phone number they dialed, where they were at the time, and when they did so.
The amendments also expand authorities' ability to gather bulk datasets of personal information on individuals who have a low or no expectation of privacy. This includes data such as CCTV footage or images posted to social media.
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There was hope among the Bill's opposers that some of the more controversial changes would be repealed following loud concerns over privacy infringements, but the UK's hardline stance on national security has prevailed.
Will Richmond-Coggan, privacy and data protection partner at national law firm Freeths, told The Register : "The amendments made to the Investigatory Powers (Amendment) Bill were ultimately welcomed by the House of Lords, but are unlikely to be welcomed by campaigners or tech companies who were concerned about the wide-ranging scope of notice provisions in relation to the introduction of new privacy-enhancing technologies which would also have the effect of impeding lawful surveillance.
"Additional safeguards have been introduced – notably, in the most recent round of amendments, a 'triple-lock' authorization process for surveillance of parliamentarians – but ultimately, the key elements of the Bill are as they were in early versions – the final version of the Bill still extends the scope to collect and process bulk datasets that are publicly available, for example."
Naturally, privacy campaigners strongly oppose the IPB and the changes that it brings to UK law, saying they expand an already robust arsenal of tools to collect data on UK citizens in bulk.
Tech trade body techUK [7]said in a March statement that it had "substantial concerns" about the Bill, which was being "rushed" through parliament without proper scrutiny.
It believes the IPB will weaken the safety rails that guide the intelligence services when collecting data in bulk, and that it could lead to the wider data harvesting of millions of facial images, internet records, and social media data.
techUK told The Register this week: "As the Investigatory Powers (Amendment) Bill receives Royal Assent, we are disappointed that the government did not address the widespread concerns about its potential negative impacts.
"We remain concerned that these reforms will weaken privacy protections, expand surveillance powers, hinder security innovation, and risk exacerbating international conflicts of law without sufficient safeguards.
"As we look towards the next steps for this legislation, with consultations on how these regulations will work in practice, we look forward to further engagement to ensure a more workable and proportionate regime."
[8]UK Online Safety Bill to become law – and encryption busting clause is still there
[9]Wah, encryption makes policing hard, cries UK's National Crime Agency
[10]UK admits 'spy clause' can't be used for scanning encrypted chat – it's not 'feasible'
[11]Letters prove GCHQ bends laws to spy at will. So what's the point of privacy safeguards?
Privacy International said: "Sadly, but not surprisingly, [the IPB] has changed little from the government's original proposal, which means its becoming law is a major concern.
"The Bill waters down already insufficient safeguards in the Investigatory Powers Act. It makes mass surveillance easier and gives the UK the option to attempt to control, and perhaps lessen, the security and privacy of internet services used by billions of people around the world."
Potential threat to security updates in commercial software
Other key concerns revolve around the IPB's amendment that would [12]force tech companies to consult the UK government before rolling out security updates to software.
It's a big one that opposers of the Bill think will undermine the security posture of the UK, and potentially lead to unnecessarily protracted delays in rolling out key security features, thus making the country a more popular target for cybercriminals.
Apple, for example – a company that famously [13]refused to bend even to the FBI after they wanted to crack open the San Bernadino shooter's iPhone, said it would consider pulling iMessage and FaceTime from the UK over fears they would be forced to weaken security.
The company branded the IPB's rule "an unprecedented overreach by the government," adding it believes the changes are an "attempt to secretly veto new user protections globally, preventing us from ever offering them to customers."
Abigail Burke, platform power program manager at the Open Rights Group, previously told The Register , before the IPB was debated in parliament, that the proposals amounted to an "attack on technology."
The IPB, of course, goes hand-in-hand with the [14]long-running calls to break end-to-end encryption (E2EE) , which the government also claims impedes its efforts to tackle national security threats. It once again [15]echoed these views [PDF] just this week, in fact.
The Online Safety Bill was also [16]passed last year after a rocky process that garnered equally loud concerns from privacy campaigners about a so-called "spy clause" that aimed to capture encrypted private messages.
Although the UK government admitted that scanning encrypted chats [17]wasn't "technically feasible" , it didn't rule out the possibility of invoking a request for companies to do so in the future, perhaps at a time when, or if, E2EE becomes illegal in the UK, for example. ®
Get our [18]Tech Resources
[1] https://www.gov.uk/government/collections/investigatory-powers-amendment-bill
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZivPmtuYnZ58lon0tciHZAAAAIA&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZivPmtuYnZ58lon0tciHZAAAAIA&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZivPmtuYnZ58lon0tciHZAAAAIA&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZivPmtuYnZ58lon0tciHZAAAAIA&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZivPmtuYnZ58lon0tciHZAAAAIA&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[7] https://www.techuk.org/resource/joint-statement-concerns-regarding-the-investigatory-powers-amendment-bill.html
[8] https://www.theregister.com/2023/09/20/uk_online_safety_bill_passes/
[9] https://www.theregister.com/2018/05/14/encryption_hindering_law_enforcement_says_nca/
[10] https://www.theregister.com/2023/09/07/uk_government_clause_online_safety_bill/
[11] https://www.theregister.com/2016/06/06/gchq_oversight/
[12] https://www.theregister.com/2023/11/07/ukgov_wants_prior_notice_of/
[13] https://www.theregister.com/2016/02/17/apple_help_fbi_san_bernardino/
[14] https://www.theregister.com/2018/05/14/encryption_hindering_law_enforcement_says_nca/
[15] https://www.nationalcrimeagency.gov.uk/who-we-are/publications/712-joint-declaration-of-the-european-police-chiefs/file
[16] https://www.theregister.com/2023/09/20/uk_online_safety_bill_passes/
[17] https://www.theregister.com/2023/09/07/uk_government_clause_online_safety_bill/
[18] https://whitepapers.theregister.com/
Re: Why this Passed
Interesting that the spy agencies don't expose these dirty secrets for the benefit of the public that pay their wages.
Seems like they are making the mockery of their profession, but there is nobody that could audit them with a fine toothed comb.
Orwellian
I hope tech companies follow through on their threats... Seems to me to be the only way to get the message across to people about the implications of what's happening.
Re: Orwellian
Worse... Most people don't know, don't care and lack the ability to think more than half a step ahead about consequences. The companies, using perfected forms of doublethink and newspeak, care about bottom lines and will prefer money over willing amputation of revenue.
This is such a case where the frog's bowl is slowly heated until we all are cooked and Ingsoc tells us we've always been at war with Eastasia.
Re: Orwellian
And it's not as if thee companies aren't doing just as much data harvesting themselves. :/
Re: Orwellian
" the frog's bowl is slowly heated...."
While I agree with what this metaphor is trying to convey, the underlying premise is actually false:
https://archive-srel.uga.edu/outreach/ecoviews/ecoview071223.htm
Re: Orwellian
and Ingsoc tells us we've always been at war with Eastasia
The bastards seem to be trying to get us into parallel wars with both Eurasia and Eastasia at the moment.
Re: Orwellian
Tech companies won't do anything as long as they can make profit.
This is just a posturing for PR, then they'll hope people forget and then they quietly insert backdoors.
Indeed. Let us not forget that Apple is happy to do business in China and shuts up about human rights abuses over there.
Apple is only a champion of privacy and human rights when its CEO doesn't risk going to jail.
is crucial to keeping the public safe
Fuck off.
How many times have people who have done headline worthy acts been "known to the police"?
If they can't keep track of the psychos they know about until people die, how the hell are they going to cope with the deluge of information they're expecting to gain from this?
Re: is crucial to keeping the public safe
Seems like this is more for services personal use, like to check new lover's background, see if they are faithful or check how the neighbour got their new Range Rover.
Maybe for spotting where drug deals will take place so they can squeeze the dealer out of few bags, because certainly they won't be able to afford a crippling coke habit out of public sector wage.
Re: is crucial to keeping the public safe
"known to the police" or in the case of the Met "in the police" sadly.
Meanwhile the rest of us have nothing to fear as usual, unless of course we have something to hide.
Re: is crucial to keeping the public safe
"Curtains and blinds to be made illegal"
The Daily Mail
Enjoy the noise boys!
Can you imagine the pain going through even one person's broadband records. Microsoft telemetry, Microsoft telemetry, Microsoft telemetry, Google telemetry, Amazon telemetry, Amazon telemetry, Google telemetry, Microsoft telemetry, ad, ad, ad, yada yada.
Plus all the guff your phone/TV/fridge is sending back to assorted manufacturers
They'll be fast asleep by the time they hit jiddypr0n.com in the list. Even an LLM would have slit its RJ45.
Re: Enjoy the noise boys!
> Can you imagine the pain going through even one person's.......
No pain at all mate.
They will simply outsource it to some AI bot. (Probably one with servers in China).
Give me 10 lines by the hand of the most honest of men (Or his Internet usage)
And I will find something in them with which to hang him.
Welcome your new AI-powered Cardinal Richlieu.
More equal that others
It comes as little surprise to find that MPs have given themselves additional protection that the rest of us are not afforded.
Fun Fact: ANY government employee of ANY rank can now demand data without a warrant. So your local mayor could ask for info or even your binman.
Yeah this isn't going to be abused by paedophiles, scammers and stalkers.....
Should your binman decide he wants to look at your tits, he can (no warrant and no oversight) demand access to your internet history, and even any IP cameras you have setup, so he can watch you in your bedroom as you get undressed.
The best part of it is the law says there's NO punishment for abuse if "the target has no or a low expectation of privacy", then goes onto define EVERYONE except billionaires and politicians as having no expectation of privacy due to this law being enacted! catch 22....
"Should your binman decide he wants to look at your tits, he can (no warrant and no oversight) demand access to your internet history"
Ermmm..... I haven't seen the full text of the bill, but that sounds wrong, even for such a boneheaded bill. Citation needed?
With regards to "expectation of privacy", my common-sense judgement tells me that public figures, particularly politicians are the ones who should have a low expectation of privacy!!!
Gathered 'data' do not equate to 'information'
The notion that leaving no leaf unturned leads to omniscience is a modern conceit found among people engaged upon 'intelligence', policing, governance, marketing, finance, the murky realms of academia, and so much else.
Any particular supposed datum is not worth the bother of collecting and storing unless, when data gathering is implemented, the datum's potential use, in conjunction with other data, is understood. To this general principle can be added considerations of data quality/reliability, cost of acquisition, opportunity cost against spending resources on something more demonstrably useful, and the undesirability of burying needles in haystacks. The process of gathering, organising, and trawling through data using algorithms, is meaningless unless there is overall intelligence, of the human mentational variety, overseeing it.
Intellectually lazy proponents of 'big data' may these days say, 'So what? We can delegate the task to an AI.' Indeed, AI technology, despite not being all it's cracked up to be, is helpful for organising data and identifying putative patterns within data. Yet, no penetrating insight shall arise unless the process is under the control of the sharpest forensic minds; which poses whether such minds would be attracted to said activity.
There are differing interests supporting the crackpot legislation underlying all this. Understandably, yet not justifiably, there are people working in the general field of 'intelligence' keen upon expanding their empires, influence, and tenuous claims to esteem. Elements in commerce perceive opportunity to sell equipment and consultancy services. The motivations for parliamentarians are the usual mix of self-interest via kickbacks from shadowy people and, more widely, individual perceptions of their need to be 'seen' to do something, no matter that everything is beyond their ken.
Hopefully
this bill will mean the man who lets his dog shit on the green opposite my house will finally be caught.
Along with the neighbour who puts the green recycling bin out on a TUESDAY despite knowing the green bin men come round on a THURSDAY!
After all... this bill is to 'protect us' from the evil people in our society (so why does'nt it say "lock the doors to the house of commons and arrest everyone in there"? or is that too Charles the first for people)
Re: Hopefully
Count yourself lucky, there are people on my street who swap their recycling bin with their refuse bin on the pavement every Thursday night, leaving each bin out for a week to be ready to be collected *next* Thursday morning.....
Expect the Spanish Inquisition!
All this data will be fed into massive storage systems, never to be forgotten. Everything you do, can and will be used against you.
Then, all the data will be mined by notoriously unreliable AI systems to flag people considered to be a 'problem'.
Without you having done anything remotely illegal, these AI systems will invariably throw up false positives which will lead to a large number of heavily armed police kicking down your door in the early hours and dragging you out of your bed for interrogation - if they don't just shoot you first.
Welcome to the Brave New World UK citizens, you let them do this to you in exchange for protecting you from the bogey man. The fantasy of "innocent until proven guilty" is now a quaint notion from times gone by. You now are guilty because the AI says so and you have no appeal. You are simply guilty with no chance to even prove your innocence.
Any chances of organising any action to reverse this process are now gone as TPTB will be able to identify anyone trying to organise to change the status quo and you and your fellow conspirators will be rounded up and "re-educated" - if you're lucky.
"their privacy will be better protected too"
How did he say that and keep a straight face?
Why this Passed
When the spy agencies have copies of politicians's dirty secrets, those politicians fall into line. It's basic political extortion.