Investigatory Powers Bill

21 November 2015

One of the problems in our political system is that most of the members of parliament, and their advisor’s, pundits, and the politically active population have little knowledge or understanding of the technical infrastructure that runs our world. A combination of the lack of interest in politics by technical people, and the lack of education in scientific disciplines of our politicians.

We on the technical side, dare I call us geeks, now need to get involved in the political discussion. The second round of the crypto wars s upon us with the combination of people saying they don’t care about interception, and the week voice of those of us who do understand and care in speaking up, if we don’t speak up we will loose.

Can I urge all of you out there to write to your MP! It is not hard, but if we all do it, we can start to reclaim the internet for the good of the future.

Here is what I have sent, awaiting a reply.

Re: Investigatory Powers Bill
Dear Alock Sharma

I am very concerned about this new bill and the massive encroachment into the public right to privacy it enshrines. This has rightly earned the nickname “The Snoopers Charter”

If you want access to my data Get A Warrant!

The bill seems to retrospectively enshrine into law the massive, and probably illegal, interception of the internet by GCHQ. Prevent any disclosure of the extent of that interception and prevent anyone leaking information about that from using a public interest defence.

The only reason we know anything about these activities is because of whistle-blowers, who have endured political witch-hunts as a result of revealing these illegal activities.

The “Going Dark” argument, that the Police are unable to investigate crimes because of the improvements in security of the internet is a very spurious one. It implies that there has been total surveillance of the population in the past (and present) and this needs to continue.

If the police need access to end-to-end encrypted communication that can get a warrant and cease the device, view the decrypted messages.

The idea that a law can ban end-to-end encryption is as ridiculous as the claim from David Cameron to ban encryption, or mandate back-doors in all systems. The security profession has told you many times that inserting back doors safely into encryption software is imposable. (see Keys under dormats)

If you want access to my data Get A Warrant!

Banning end-to-end encryption will not stop the bad guys using it. How to do this, and the programs to do it are all publicly available and open source. All you will do is hamper UK law abiding citizens in using these, and kill the security software industry in this country.

There are also the sections allowing the Police, and GCHQ to break the Computer Misuse act, by hacking into any computer or device they wish. There is no justification for allowing this extreme power. The government should be working to improve our security not undermining it.

What we want from an investigatory powers bill is something like:

1. Full disclosure of all interception programs, and the number of cases involved
2. Disclosure after a reasonable amount of time that my data has been intercepted.
3. Independent oversight of All cases by someone like the RIPA Interception Commissioner
4. All cases to be authorised by an individual warrant authorised by a judicial person.

What we want is the law as it applies to everything else, should apply to the internet. Searching my data should be the same as searching my house, or searching my person. It is the same amount of intrusion, it should have the same controls.

I trust that you will NOT vote for this bill and will argue against it in the House.

Yours Sincerely

Stuart Ward

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More evidence that bulk snooping dosent work

27 April 2015

http://www.nytimes.com/2015/04/25/us/politics/value-of-nsa-warrantless-spying-is-doubted-in-declassified-reports.html

But little came of the Stellarwind tips. In 2004, the F.B.I. looked at a sampling of all the tips to see how many had made a “significant contribution” to identifying a terrorist, deporting a terrorism suspect, or developing a confidential informant about terrorists.

Just 1.2 percent of the tips from 2001 to 2004 had made such a contribution. Two years later, the F.B.I. reviewed all the leads from the warrantless wiretapping part of Stellarwind between August 2004 and January 2006. None had proved useful.


The truth of NSA Survalence of the world

18 May 2011

In a long an detailed article in the New Yorker, Jame Mayer recounts the background of an interview she had with Thomas Drake, former senior executive at the National Security Agency. Drake now faces serious charges under the espionage acts for revealing the extent to which the NSA has been breaking US law and performing surveillance on the the whole world, as well as American Citizens without any form of warrant.

In the weeks after the attacks, rumors began circulating inside the N.S.A. that the agency, with the approval of the Bush White House, was violating the Foreign Intelligence Surveillance Act—the 1978 law, known as FISA, that bars domestic surveillance without a warrant. Years later, the rumors were proved correct. In nearly total secrecy, and under pressure from the White House, Hayden sanctioned warrantless domestic surveillance. The new policy, which lawyers in the Justice Department justified by citing President Bush’s executive authority as Commander-in-Chief, contravened a century of constitutional case law. Yet, on October 4, 2001, Bush authorized the policy, and it became operational by October 6th.