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Online surveillance undermines trust in intelligence services, says Tory peer Online surveillance undermines trust in intelligence services, says Tory peer
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The UK government's legal justification for mass surveillance of the internet risks undermining public confidence in the intelligence services, a former Conservative security minister has warned.The UK government's legal justification for mass surveillance of the internet risks undermining public confidence in the intelligence services, a former Conservative security minister has warned.
Speaking at a debate in University College, London, Baroness Neville-Jones, who has chaired Whitehall's joint intelligence committee, backed calls for the law governing surveillance, the Regulation of Investigatory Powers Act (Ripa) to be tightened up. Speaking at a debate in University College London, Lady Neville-Jones, who has chaired Whitehall's joint intelligence committee, backed calls for the law governing surveillance, the Regulation of Investigatory Powers Act (Ripa) to be tightened up.
Neville-Jones, who served as security and counter-terrorism minister between 2010 and 2011, is normally a staunch defender of the way the security services operate.Neville-Jones, who served as security and counter-terrorism minister between 2010 and 2011, is normally a staunch defender of the way the security services operate.
Earlier this week an explanation of the legal basis on which GCHQ, the monitoring agency, intercepts emails as well as searches on Google, Twitter, Facebook and YouTube, was published.Earlier this week an explanation of the legal basis on which GCHQ, the monitoring agency, intercepts emails as well as searches on Google, Twitter, Facebook and YouTube, was published.
The government's most senior security official, Charles Farr, said emails sent overseas or received from abroad, as well as most online searches, which use foreign servers, are deemed to be "external communications" and can therefore be monitored without the need for a specific intercept warrant. Critics accused him of exploiting a loophole in the law.The government's most senior security official, Charles Farr, said emails sent overseas or received from abroad, as well as most online searches, which use foreign servers, are deemed to be "external communications" and can therefore be monitored without the need for a specific intercept warrant. Critics accused him of exploiting a loophole in the law.
Addressing a debate on surveillance organised by the law firm Bindmans, Neville-Jones expressed strong reservations about Farr's argument.Addressing a debate on surveillance organised by the law firm Bindmans, Neville-Jones expressed strong reservations about Farr's argument.
"If it's the case that officials are exploiting loopholes in the law to get externally generated information that they would not otherwise be able to get [without a warrant] then that's something I would not endorse," she said."If it's the case that officials are exploiting loopholes in the law to get externally generated information that they would not otherwise be able to get [without a warrant] then that's something I would not endorse," she said.
"That kind of suggestion would undermine confidence in the system if that is what is happening and we need to tighten it up."That kind of suggestion would undermine confidence in the system if that is what is happening and we need to tighten it up.
"The problem is that Ripa is not an old act [but]... there's more detail that needs to be put into it and more regulation of procedure. It probably needs to cover areas that were previously not thought to be important." "The problem is that Ripa is not an old act [but] … there's more detail that needs to be put into it and more regulation of procedure. It probably needs to cover areas that were previously not thought to be important."
A failure to explain sufficiently to the public what is being done in their name has bred a climate of mistrust, she implied.A failure to explain sufficiently to the public what is being done in their name has bred a climate of mistrust, she implied.
"I don't think everything is hunky-dory. It's about time ministers explained the system and didn't leave it to judges and officials. I think we can improve on the law. Ripa does need at the very least tightening up, others would say reformulating.""I don't think everything is hunky-dory. It's about time ministers explained the system and didn't leave it to judges and officials. I think we can improve on the law. Ripa does need at the very least tightening up, others would say reformulating."
Any distinction between domestic and external affairs is breaking down in a more globalised world, she added, and should not be the legal basis for how surveillance is conducted.Any distinction between domestic and external affairs is breaking down in a more globalised world, she added, and should not be the legal basis for how surveillance is conducted.
The former security minister denied that the UK was a "surveillance state" but said it was entirely reasonable that citizens should want assurances about the way it was carried out. The former security minister denied the UK was a "surveillance state" but said it was entirely reasonable that citizens should want assurances about the way it was carried out.
The furore over surveillance has been sparked by Edward Snowden, she said, who has done damage "to this country's capability to protect our citizens and assets".The furore over surveillance has been sparked by Edward Snowden, she said, who has done damage "to this country's capability to protect our citizens and assets".
GCHQ needs access to bulk data to see patterns of connections, she said.GCHQ needs access to bulk data to see patterns of connections, she said.
"It's a fantasy to equate scanning of bulk data as being the same as reading the content.""It's a fantasy to equate scanning of bulk data as being the same as reading the content."
She acknowledged: "I'm not an entirely uncritical admirer of the system. There things that do need approving." She acknowledged: "I'm not an entirely uncritical admirer of the system. There are things that do need approving."
She disapproved of the way police were "warranting themselves". Instead, she suggested, lawyers should be on call 24 hours a day, like doctors, to hear and assess whether to approve applications for surveillance warrants.She disapproved of the way police were "warranting themselves". Instead, she suggested, lawyers should be on call 24 hours a day, like doctors, to hear and assess whether to approve applications for surveillance warrants.
Shami Chakrabarti, director of Liberty who also took part in the debate, said that extracting even only metadata about online communications was an invasion of privacy showing which websites people had visited.Shami Chakrabarti, director of Liberty who also took part in the debate, said that extracting even only metadata about online communications was an invasion of privacy showing which websites people had visited.
"[The intelligence services] didn't come to parliament to get a mandate for blanket surveillance," she said. "They made monkeys of us all.""[The intelligence services] didn't come to parliament to get a mandate for blanket surveillance," she said. "They made monkeys of us all."