Giving evidence on the Edward Snowden revelations at the German Bundestag

On 1 December 2016, I had the honour of being invited to give evidence to Germany’s Bundestag Committee of Inquiry on the subject of international mass surveillance, as revealed by NSA whistleblower Edward Snowden.

This is the only major over-arching inquiry into Snowden’s revelations of NSA/international mass surveillance. Sorrily for the Committee, it became interested in evidence on what the UK’s agencies have been up to and what the recent legislative process (the Investigatory Powers Act) had been like.

It was a good opportunity to reaffirm that the UK’s new surveillance legislation must not be seen as world-leading because it is not compliant with human rights law and only entrenches and extends, rather than remedies, mass surveillance.

The video of my oral evidence is here, and a transcript is posted below:

 

 

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How the UK Government can hack your personal data

Originally published by Mashable, 18th February 2017

By Gianluca Mezzofiore

 

From the moment you set foot on British soil, your personal data could easily be accessed, or even hacked, by the government.

New invasive legislation has been dubbed by critics as one of the most extreme surveillance laws ever passed in a democracy.

The Snoopers’ Charter — aka the Investigatory Powers Act — was passed into law at the end of last year. It arguably removes your right to online privacy.

In short, it forces internet companies to keep bulk records of all the websites you visit for up to a year and allows the UK government to coerce tech companies to hand over your web history with a retention notice and remove encryption, upon request.

If you think all of this sounds rather alarming, it’s because it is.

So what happens if you’re an unsuspecting visitor blissfully unaware of mass surveillance in the UK? Here’s a provisional guide:

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A Law That Treats All Citizens As Suspects

This is a video interview with Euronews, published on 27th January 2017, discussing how the Investigatory Powers Act (‘Snooper’s Charter’) affects us, and the onset of Liberty’s legal challenge to the mass surveillance powers.

Full video here: The UK’s new surveillance powers treat all citizens as suspects

 

 

 

FACING DATA DELUGE, SECRET U.K. SPYING REPORT WARNED OF INTELLIGENCE FAILURE

Originally published on The Intercept, June 2016

By Ryan Gallagher.

A SECRET REPORT WARNED that British spies may have put lives at risk because their surveillance systems were sweeping up more data than could be analyzed, leading them to miss clues to possible security threats.

The concern was sent to top British government officials in an explosive classified document, which outlined methods being developed by the United Kingdom’s domestic intelligence agency to covertly monitor internet communications.

The Security Service, also known as MI5, had become the “principal collector and exploiter” of digital communications within the U.K., the eight-page report noted, but the agency’s surveillance capabilities had “grown significantly over the last few years.”

MI5 “can currently collect (whether itself or through partners …) significantly more than it is able to exploit fully,” the report warned. “This creates a real risk of ‘intelligence failure’ i.e. from the Service being unable to access potentially life-saving intelligence from data that it has already collected.”

draft copy of the report, obtained by The Intercept from National Security Agency whistleblower Edward Snowden, is marked with the classification “U.K. Secret” and dated February 12, 2010. It was prepared by British spy agency officials to brief the government’s Cabinet Office and Treasury Department about the U.K.’s surveillance capabilities.

Notably, three years after the report was authored, two Islamic extremists killed and attempted to decapitate a British soldier, Lee Rigby, on a London street. An investigation into the incident found that the two perpetrators were well-known to MI5, but the agency had missed significant warning signs about the men, including records of phone calls one of them had made to an al Qaeda-affiliated radical in Yemen, and an online message in which the same individual had discussed in graphic detail his intention to murder a soldier.

The new revelations raise questions about whether problems sifting through the troves of data collected by British spies may have been a factor in the failure to prevent the Rigby killing. But they are also of broader relevance to an ongoing debate in the U.K. about surveillance. In recent months, the British government has been trying to pass a new law, the Investigatory Powers Bill, which would grant MI5 and other agencies access to more data.

Silkie Carlo, a policy officer at the London-based human rights group Liberty, told The Intercept that the details contained in the secret report highlighted the need for a comprehensive independent review of the proposed new surveillance powers.

“Intelligence whistleblowers have warned that the agencies are drowning in data — and now we have it confirmed from the heart of the U.K. government,” Carlo said. “If our agencies have risked missing ‘life-saving intelligence’ by collecting ‘significantly’ more data than they can analyze, how can they justify casting the net yet wider in the toxic Investigatory Powers Bill?”

The British government’s Home Office, which handles media requests related to MI5, declined to comment for this story.

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