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June 12, 2015

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UK calls for surveillance overhaul

Britain鈥檚 terrorism law watchdog said yesterday the legal framework underpinning security services鈥 ability to spy on the public鈥檚 communications was fragmented, undemocratic and 鈥渋n the long run intolerable.鈥

David Anderson, Britain鈥檚 independent reviewer of anti-terrorism laws, said the framework overseeing the interception of e-mails, phone calls and online activity by police and spies needed a major overhaul, and that the government needed to spell out why the authorities were pressing for even more powers.

However, he said, while it should not be easy for the state to access communications, the intelligence agencies should be able to carry out the bulk interception of data.

鈥淓ach intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with international human rights standards and subject to demanding and visible safeguards,鈥 said Anderson in a 373-page report for Prime Minister David Cameron.

A debate about how to protect privacy whilst ensuring the security agencies have the powers they need has raged since former US intelligence contractor Edward Snowden leaked details about mass surveillance by British and US spies.

Last week, US President Barack Obama signed a law to amend a government surveillance program that had swept up millions of Americans鈥 telephone records, in the first major legislative reform since the Snowden revelations two years ago.

Britain鈥檚 security chiefs argue they are facing a capability gap because of technological advances, and say that their work has been severely hampered by Snowden鈥檚 disclosures.

The head of Britain鈥檚 GCHQ eavesdropping agency last year called on technology firms such as Twitter and Facebook to allow security services greater access to their networks. 鈥淲e simply do not have the coverage which we had five years ago,鈥 said Sara Thornton, chairman of the National Police Chiefs鈥 Council.

Cameron, fresh from an election victory last month, has promised a swathe of new security measures, the most striking and controversial of which are plans to give police greater powers to monitor Britons鈥 communications and web activities in what opponents have dubbed a 鈥渟noopers鈥 charter.鈥

Anderson said it was time for a 鈥渃lean slate鈥 describing the current system as confused, making it 鈥渦ndemocratic, unnecessary and 鈥 in the long run 鈥 intolerable.鈥

He called for a new easily understood, comprehensive law with improved safeguards, and judges, not ministers, approving warrants to allow access to the content of emails, phone calls and other communications.


 

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