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Email and web monitoring laws 'to be brought in soon' Clegg criticises 'scaremongering' over web and email monitoring plans
(about 3 hours later)
The Home Office says new laws to allow the monitoring of all emails, texts and web use in the UK will be brought in "as soon as parliamentary time allows". Deputy Prime Minister Nick Clegg has said there has been "a lot of scaremongering" about plans for new email and web monitoring laws.
The statement comes despite widespread criticism of plans to allow GCHQ "real time" access to communications data. He said they were "not the draconian proposals they have been portrayed as", and safeguards for privacy and civil liberties were "absolutely guaranteed".
In a further sign of a determination to push on with the plan, Home Secretary Theresa May said "ordinary people" would have nothing to fear. Home Secretary Theresa May has said the move will help bring "criminal paedophiles and terrorists" to justice.
But "criminals, paedophiles and terrorists" would, she told href="http://www.thesun.co.uk/sol/homepage/features/4235581/Terrorism-debate-Are-GCHQ-set-to-spy-on-you.html" >the Sun. But MPs and civil liberties campaigners have warned against the plan.
She said the idea was to update legislation to stop them being able to cover their tracks and "keep their communication secret". Internet service providers are obliged to keep details of users' web access, email and internet phone calls for 12 months, under an EU directive from 2009.
"There are no plans for any big government database... only suspected terrorists, paedophiles or serious criminals will be investigated," she wrote in the newspaper. Although the content of the calls is not kept, the sender, recipient, time of communication and geographical location does have to be recorded.
'Gangland thugs' The proposed new law - which the Home Office says will be brought in "as soon as parliamentary time allows" - would extend those requirements to social networking sites and internet phone services such as Skype.
MPs from all sides of the House of Commons have warned against the plan to force internet service providers to install hardware tracking telephone and website use. 'Proportionate measures'
Mrs May said that at the moment phone records are often used to solve crimes - including child murderer Ian Huntley, as well as the "gangland thugs who gunned down Rhys Jones", the 11-year-old shot dead in Liverpool. It would also reportedly allow intelligence officers to access emails, calls and texts as they happen, without a warrant, rather than retrospectively.
But the Home Office says changes are needed to ensure that communication using social media and internet phone services such as Skype can also be recorded. Mr Clegg told the BBC people should wait to see the full proposals before judging them - and insisted the content of any communications would still only be accessible with a warrant.
"There's been a lot of scaremongering, a lot of myths about in the media over the last couple of days," he said.
"Any measures will be proportionate. They will not sacrifice people's civil liberties, we will not create a new government database and we will not give police new powers to look into people's emails."
He added: "Let's be clear, we aren't simply going to ram some legislation through Parliament... There's a legitimate debate here to be had."
But Chris Fox, former head of the Association of Chief Police Officers, said the move would be "a massive intervention by the state into people's private lives".
"If you are investigating crime you have targets... It just seems to be overkill and intrusive for the 99.9% of the rest of us."
He said the idea was "fraught with danger for the innocent vast majority", not least that of misidentification, which could result from genuine criminals disguising their communications as those of law-abiding citizens.
However, the home secretary told the Sun that "ordinary people" would have nothing to fear from the government's plans.
Mrs May said that phone records were often used to solve crimes - including child murderer Ian Huntley, as well as the "gangland thugs who gunned down Rhys Jones", the 11-year-old shot dead in Liverpool.
Life-saving potential
Attempts by the last Labour government to create a giant central database containing all UK web and telephone use were dropped after huge opposition, including from the Conservatives and Liberal Democrats.Attempts by the last Labour government to create a giant central database containing all UK web and telephone use were dropped after huge opposition, including from the Conservatives and Liberal Democrats.
'Nation of suspects' The Conservative shadow home secretary at the time, Chris Grayling, said the government had "built a culture of surveillance which goes far beyond counter-terrorism and serious crime".
Instead internet service providers have had to keep details of users' web access, email and internet phone calls for 12 months under an EU directive from 2009.
Although the content of the calls themselves is not kept, the sender, recipient, time of communication and geographical location does have to be recorded.
The proposed new law - which may be announced in the Queen's Speech in May - would reportedly allow GCHQ to access that data as it happens, without a warrant, rather than retrospectively.
David Davis, the Conservative MP and former shadow home secretary, countered Mrs May's argument in the Sun: "We already have a law which lets the secret services eavesdrop on suspected criminals and terrorists.
"The new law does not focus on terrorists or criminals. It would instead allow civil servants to monitor every innocent, ordinary person in Britain, and all without a warrant.
"If they want to see all this information they should be willing to put their case before a judge or magistrate. This will force them to focus on the real terrorists rather than turning Britain into a nation of suspects."
Information Commissioner Christopher Graham's office has said the case for retaining such data had yet to be made.
A briefing paper on the issue in October 2010, obtained by Conservative MP Dominic Raab, said: "There needs to be some recognition that this additional data will be a honey pot as it will reveal the browsing habits of celebrities, politicians, etc."
'China and Iran'
It suggested that a new offence, possibly attracting a custodial sentence, could be created to punish any wrongful disclosure.
Critics have warned that any new law could end up being used more widely than originally intended - similar to the controversial Regulation of Investigatory Powers Act, which has been used, not just to tackle serious crime by police but also been by local authorities to check on children's school catchment areas.
The information commissioner said public bodies not involved in dealing with serious crime or national security, such as the Department for Work and Pensions, should have to apply to a court before access was granted.
The plans have been criticised by civil liberties groups and several Conservative backbenchers.
Nick Pickles, director of campaign group Big Brother Watch, called the move "an unprecedented step that will see Britain adopt the same kind of surveillance seen in China and Iran".
Mr Raab said it was "a plan to privatise Big Brother surveillance" and turned every individual "into a suspect".
'Saving lives'
When Labour attempted to push for similar changes, the Conservative shadow home secretary at the time, Chris Grayling, said the government had "built a culture of surveillance which goes far beyond counter-terrorism and serious crime".
But Lord Carlile, the former official reviewer of terrorism legislation, said that "having come into government, the coalition parties have realised this kind of material has potential for saving lives, preventing serious crime and helping people to avoid becoming victims of serious crime".But Lord Carlile, the former official reviewer of terrorism legislation, said that "having come into government, the coalition parties have realised this kind of material has potential for saving lives, preventing serious crime and helping people to avoid becoming victims of serious crime".
Shadow Home Secretary Yvette Cooper said the police and security services had to be able to keep up with new technology, but there must be "clear checks and balances" on what they were able to do and "strong safeguards to protect people's privacy". Nevertheless, several Conservative backbenchers have attacked the proposals.
Another former shadow home secretary, David Davis, said: "If they want to see all this information they should be willing to put their case before a judge or magistrate. This will force them to focus on the real terrorists rather than turning Britain into a nation of suspects."
Fellow Tory Dominic Raab said it was "a plan to privatise Big Brother surveillance".
He has obtained a briefing paper on the issue, written in October 2010 by the Information Commissioner Christopher Graham's office, which said the case for retaining such data had yet to be made.
It also warned: "There needs to be some recognition that this additional data will be a honey pot as it will reveal the browsing habits of celebrities, politicians, etc."
And it suggested that a new offence, possibly attracting a custodial sentence, could be created to punish any wrongful disclosure.
'Checks and balances'
Critics have warned that any new law could end up being used more widely than originally intended - similar to the controversial Regulation of Investigatory Powers Act, which has been used by local authorities to check on children's school catchment areas.
The information commissioner said public bodies not involved in dealing with serious crime or national security, such as the Department for Work and Pensions, should have to apply to a court before access was granted.
Labour have said the police and security services have to be able to keep up with new technology, but there must be "clear checks and balances" on what they are able to do.
Leader Ed Miliband said the issue was "very sensitive" and had been "spectacularly mishandled" by the government, leading to fears of intrusion into people's day-to-day lives.
Even if the move is announced in the Queen's Speech, any new law would still have to make it through Parliament, potentially in the face of opposition in both the Commons and the Lords.Even if the move is announced in the Queen's Speech, any new law would still have to make it through Parliament, potentially in the face of opposition in both the Commons and the Lords.
The Internet Service Providers' Association said any change in the law must be "proportionate, respect freedom of expression and the privacy of users".The Internet Service Providers' Association said any change in the law must be "proportionate, respect freedom of expression and the privacy of users".