UK Government Faces Lawsuit Over Emergency Surveillance Bill 44
judgecorp (778838) writes The British Government has had to produce an emergency surveillance Bill after the European Court of Justice ruled that European rules on retaining metadata were illegal. That Bill has now been passed by the House of Commons with almost no debate, and will become law if approved by the House of Lords. But the so-called DRIP (Data retention and Investigatory Powers) Bill could face a legal challenge: the Open Rights Group (ORG) is fundraising to bring a suit which would argue that blanket data retention is unlawful, so these emergency measures would be no more legal than the ones they replaced.
Are they forgetting that this is the UK? (Score:5, Interesting)
New acts of parliament supercede previous laws regardless of source due to Parliamentary Supremecy, a fundamental pillar of English law.... Parliament is the supreme law-making body: its Acts are the highest source of English law.
Unlike in other countries such as the US, there is no such thing as an unconstitutional law, or an act of parliament being "illegal" if properly passed, because there is no constitution in the UK, and an act of the parliament duly passed is supreme.
Re:Are they forgetting that this is the UK? (Score:4, Interesting)
The bulk data interest could always be seen as with the first Intelsat (international satellite telephone calls) efforts at Goonhilly Downs -CSO Morwenstow,/GCHQ Bude got every keyword of interest in the late 1960's. Staff asked why domestic calls and numbers where also been tracked after they where only tasked to international calls. The retaining domestic metadata idea went on with little internal legal comment.
When the GCHQ/Intelsat news got into print in the early 1990's nothing was done. There was no legal protection decades ago. There was no protection once domestic collection tasks made it into the UK press. On into the 1990's the UK had new laws around the SIGMod funding initiative (sigint modernisation programme) to further clear up any domestic legal issues over domestic data sorting. The other legal magic is to pass telco work to SIS or other "agencies'". Then you have the vast US shared sites that can capture all but have even less to do with UK laws. More legal cover can flow form "ministerial level" support. If the political class is questioned they will never comment on past or ongoing security issues.
ie law reform cannot get past secrecy laws or get political comment reducing all domestic legal protections to chilling living document status.
One person might risk 20 years and another might have all changes dropped to get the story out of the media.
The fun legal part for the UK is now to make US "parallel construction" very legal. They want to use what they intercept or decode in closed courts so the structures have to have a legal expert evidence trail. The UK is back to the days of National Criminal Intelligence Service, Government Telecommunications Advisory Centre, Government Technical Assistance Centre (GTAC ~ GCHQ Technical Assistance Centre) to try and help courts with decryption, domestic and global tracking.
Will it work? Anyone with the cash can buy ex gov staff to sell them the super expensive advice: stay away from all electronic telco products.