ip bill oversightinsight

#IPBillOversight or Insight?

Graham Smith, Bird & Bird LLP@cyberleagle

Public Law Project Annual Conference12 October 2016

© Bird & Bird LLP 2016

Article 8 ECHR – privacy protectionNo interference by a public authority except such as is:● in accordance with the law and ● is necessary in a democratic society ● in the interests of

• national security, • public safety • or the economic well-being of the country, • for the prevention of disorder or crime, • for the protection of health or morals, • or for the protection of the rights and freedoms of others

● Proportionality


Existence of law

Quality of law

Accessibility

In accordance with the law

Secrecy and quality of law are natural antagonists


Accessibility

Secret interpretations of

the law


Not just a US problem



RIPA S8(4) – bulk interception


RIPA/DRIPA - extraterritoriality

Mrs May: … The position is not changing; what is changing is simply being absolutely without doubt that the extraterritoriality is there, because it is now in the Bill, rather than it being asserted by Government as having been the intention of the previous legislation.

Mrs May: … On the issue of lawful intercept, it has been the contention of this Government—and, I believe, the previous Government when they passed the Regulation of Investigatory Powers Act 2000—that that had extraterritorial application. That has been legally questioned and we have continued to assert that that is the power that currently exists. The Bill puts that beyond doubt, by putting it clearly into primary legislation, so nobody can be in any doubt that the power that we have always said existed does in fact exist.

Hansard 15 July 2014 (DRIPA)


Thematic warrants under RIPARevealed by Intelligence and Security CommitteeMarch 2015

Hansard 12 April 2016 (IPBill Commons Committee)Joanna Cherry QC, MP


S94 Telecommunications Act 1984

A continuing issue



#IPBill Technical capability noticesEnd to end encryption

The government, in seeking to future-proof the proposed legislation, has produced

definitions of internet connection records and other terms which

have led to significant confusion on the part of communications service

providers and others.

Commons Science & Technology Committee© Bird & Bird LLP 2016


Content versus communications data

A proposal



David Anderson QC’s Bulk Powers Review

Graham [email protected]

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Thank you