Lords Sneak UK Internet Snooping Law into Bill
ispreview.co.uk
ispreview.co.uk
When I discuss government plans for the internet with non-technical people it worries me even more that they aren't at all concerned about it. I hear arguments like 'I have nothing to hide' and 'If it stops terrorism, why not'.
I try to tell people that they should demand a right to privacy from the state, but I find it hard to not come across as a tin foil hat wearing goverment-skeptic. What arguments do you use with people that don't understand the web all that well to get them to care about this stuff?
I tell people nothing is free, and the freer something appears, the greater the inevitable cost. And when the cost involves rights, being innocent while being on the defensive is never ever a fun ordeal.
Second, I think you have to apply the principle of charity. Instead of assuming that people mindlessly parrot an opinion, think about what sorts of reasonable assumptions might render their positions self-consistent.
One of the most powerful ways to persuade is to figure out someone else's reasoning to the point you can articulately argue their position, and then to refocus the disagreement on the assumptions underlying that reasoning.
Health records privacy is another good one. "Do you think the government should track all your alcohol purchases?"
(I wrote in a previous comment with a US context:
- legal. It's against the law; there are strong 1st and 4th arguments against surveillance, and 5th and 6th amendment arguments as well. Some people have even tried to argue that if encryption is a munition the 2nd amendment applies. The "we could stop bad people" argument applies especially to the 4th.
Similar legal protections exist in Europe, although not generally as strong (article 8).
- practical: either a system is secure or it isn't. Handing it over to anyone increases the risk of compromise. Bans on effective encryption are self-defeating.
- collateral damage: US intelligence agencies have a track record of killing innocent people themselves (e.g. drone strikes), supporting murderous governments (CIA in south america), funding terrorism and failing to prosecute the guilty (Iran-contra), use of intelligence for domestic immoral politics (Watergate, FBI vs MLK). Handing over data about your e.g. Chilean users to the CIA may result in them being murdered.
- international hypocrisy: saying that mass surveillance is OK says it's OK for other governments too. Do you support Chinese interception against their adversaries? Are you happy to turn over your entire email history on entering a country?
- finally, I'm going to question how much it does help. The Paris terrorists were known to the police, as was the killer of Lee Rigby. Intercept evidence is generally not used in trials. Nobody is presenting a cache of encrypted emails found on a computer used by the Parisian terrorists and saying "if we'd decrypted this we could have prevented it".
Edit: see also on HN today https://www.eff.org/deeplinks/2015/01/british-spy-agency-con...
The others are a bit too straw-man (Do you support Chinese interception against their adversaries? Are you happy to turn over your entire email history on entering a country?)
Not that I'm saying you're wrong, you're completely right. It's just that we need non-emotive and cool heads when we argue this.
For example, the proposition that "MI5 should have access to the full communications history of everyone in the country" implies that as people enter the country MI5 should acquire their entire email history.
For example, you state that handing over data about Chilean users may result in them being murdered. I could just as easily argue that if you didn't hand over the data, Chilean users may be murdered. I'm not saying they will be or anything like that, obviously.
Compared to your last point, which is rooted in solid fact (They were both monitored, it did nothing to prevent the attack) and can't be argued with, the other two are a bit.. flimsy.
All I'm saying is if I was arguing against you (Which I'm not), it'd be easy to call you hysterical when you go on about murder and the Chinese.
For clarity, ignored your first point because not US and second point is sound, so I left that out as well :)
In that case we have to go backwards. The National reminded me today of this incident: http://news.google.com/newspapers?nid=2507&dat=19860903&id=F... (Leon Brittan's involvment in politically motivated surveillance of CND). There's also the long and ugly history of Northern Ireland, and the more recent business of planting police informers in environmental groups.
The problem with trying to use recent history to prove a point is that everyone's already made up their mind which side they're on for things like extraordinary rendition, "School of the Americas", torture, Iran-Contra, arms-to-Iraq (Matrix Churchill), etc.
Matrix Churchill might be a good example, tbh. http://en.wikipedia.org/wiki/Scott_Report : MI5 instructed and secured secret permission for exports to Iraq, but then tried to protect the secrecy of this at the cost of not just allowing Matrix Churchill directors to be jailed but censoring their only legal defence and getting ministers to lie to parliament.
In which case, a pertinent question to ask is if the aim is to stop such attacks, is it appropriate to spend this much time and effort building a bigger haystack on top of the needles they already have?
The UK constitutional equivalent is the Human Rights Act. The ECJ already ruled the data retention directive unlawful: https://edri.org/ecj-data-retention-directive-contravenes-eu...
But there are two problems. Article 8 has a massive disclaimer: "There shall be no interference by a public authority with the exercise of this right 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"
And ECHR is not popular in the UK due to an aggressive propaganda campaign in the tabloid press.
You put these two adjunct phrases in the same paragraph. Are you inferring entering China requires turning over one's email archive when entering China?
However, if you log in to your gmail while in China you should assume there is a risk of it being compromised, such as by SSL MITM or targeted exploit.
And theoretically in the future entering the UK might require turning over your entire email archive. The proposition that "MI5 should have access to the full communications history of everyone in the country" implies that as people enter the country MI5 should acquire their entire email history. Otherwise there are people in the UK whose communications MI5 cannot read; and that's what Cameron was saying was "unacceptable". Not that this is directly likely - it's more likely that MI5 will pass all PNR data to the NSA and ask them to check their copy of everyone's email instead.
Ontopic though, this could actually be a good way to educate people on the dangers of sharing. Only 5 mins in myself so far though.
There's some advantage to the tin foil hat, too. It's probably fine for now if you're not Muslim, but if you are then your associations and visited websites could be used to put you somewhere very uncomfortable without a trial. Say if libertarians or socialists or christian conservatives started carrying out attacks, your political and personal affiliations could make life very uncomfortable.
>> christian conservatives started carrying out attacks
The Centennial Olympic Park bombing in Atlanta was such a thing, the KKK and anti-abortion terrorism is supposedly radicalized Christian.
But because The Establishment is generally Conservative Christian, it's treated differently. I wish we could drop the affiliation and just call them Radicalized people. I'd hate to be associated with Radical Atheists if ever a violent act of terrorism was performed by non-believers.
>> libertarians or socialists
Occupy? Though Guy (the face of Occupy/Anon) was a Catholic.
I also think that the general demographics of the people who make up the establishment are pretty important when you consider who ends up being imprisoned without trial.
I think that we understand each other, but you've added some interesting points and examples that I hadn't thought of.
A law that already exists does not require further discussion or vote and can be perverted immediately.
So in addition of the benefit of not having historical data, it also delay or prevent its introduction.
1. Do something somewhat unacceptable.
2. Wait for it to become the accepted norm.
3. GOTO 1
This is why issues like this have to be nipped in the bud. Toxic ideas need to be stopped before they gain too much inertia, otherwise it won't be possible or practical to stop them playing out. I guess it's like a game of chess. Moving a pawn might seem innocuous, but it's just one move in a larger strategy.
The Health Ministry has denied widespread reports that transvestites and transsexuals could lose their rights to drive in Russia based on a new road safety decree.
Although the decree provides for the disqualification of driving rights for certain individuals with psychological or behavioral disorders, the mere fact that a person has a "sexual disorder" does not mean that person cannot drive, Health Ministry spokesman Oleg Salagai explained Tuesday in comments carried by Interfax.
[1] http://www.themoscowtimes.com/news/article/health-ministry-s...
Arguments against surveillance are on much better footing when based on actual misuse of power by authorities and their employees in the UK and similar countries than hypothetical scenarios involving the election of autocrats. Frankly, if the UK elects an avowedly anti-democratic ex-spy chief with a fondness for populist social conservatism in the next decade, we'll get a much worse version of the Communications Data Bill, and ISPs already holding records of my browsing habits is going to be the least of my problems.
As for being a slippery slope argument, people might have dismissed this story in .nl in the 1920s for the same reason, yet it happened.
This argument refuses to take sides. I'm not "for the terrorists" with this argument (nor am I against them), I'm not "against the government" (nor am I a clear supporter), I might be slightly paranoid (which makes for a better discussion than being a paranoid who looks out for black helicopters).
With this argument I'm all for being careful, and it even leaves a door open for discussion how surveillance and data mining could be built in a way that such catastrophic effects won't happen - who would argue against that?
But suddenly, it's about the practical issues of surveillance and data mining.
It's been taken every 10 years, recording the names of occupants since 1841. Access is protected for 100 years to give people a chance to die off. It's the only record you're required to be on in the UK and I don't really have a problem with that.
This is a hard notion to combat because the government is a protective entity. It's arguably the most important function of any government: protecting its citizens. Even corrupt and dysfunctional governments can still protect their citizens from external threats.
In Western nations, one of the biggest threats to the average citizen, particularly his or her rights, is the government itself. Separation of powers is supposed to keep it in check, but at least in the U.S., the slow and steady increase in the power of the executive branch in the past century combined with technological developments has meant that it now has the potential to exercise tyrannical levels of power over virtually any person or class of person.
People don't need to understand the web or even how the technology of mass surveillance works. Citizens as a whole don't make political decisions based on detailed information anyway. Surveillance reform can only be accomplished by getting a large enough people to distrust the government itself. Skepticism won't be enough--fear of being vulnerable to terrorists (or any of the other usual fears like child pornographers and such) will trump skepticism.
In the U.S., the constitution is a document which gives limited powers to the federal government and justifies each of them. People today generally think of government power in opposite terms: it gets power by default and only has to give it up if that power later proves to be unnecessary. This is the real change that needs to be made, one of mentality not just of laws. The laws will follow if the mentality of the citizenry as a whole changes. The great deal of skepticism that younger Americans show towards government compared to their elders is encouraging, but that will only lead to change in the long run. I'm not sure what the sitution in the UK is like.
The basic problem with the main media narratives surrounding surveillance is that most (but not all) look at mass surveillance by the government and only conclude (correctly) that mass surveillance is bad and that the government better have very good reasons for doing it. Government fearmongering follows, placating the skepticism.
Mass surveillance needs to be seen for what it really is: the signature of an embryonic tyranny. Even if we presently have saint-like politicians who will only use such power for good, our government was set up so that we would not, and indeed should not, need to trust it.
[1] The surveys that regularly show high public disapproval of Congress come to mind.
I’ve worried for years about a terrible and under-appreciated danger of privacy intrusion, which in a recent post I characterized as a chilling effect upon the exercise of ordinary freedoms. When government — or an organization such as your employer, your insurer, etc. — watches you closely, it can be dangerous to deviate from the norm. Even the slightest non-conformity could have serious consequences. I wish that were an exaggeration; let’s explore why it isn’t.
Edit: happened like 5 times just last month and could have shut down the government. Now Dodd-Frank is all but dead, campaign donation limits are up from $92k to $777k, the EPA is further defunded, and more - all last minute riders with almost zero debate.
http://www.newsweek.com/what-did-congress-sneak-last-minute-...
How the hell is that even possible
Line item veto would be incredibly dangerous. We'd end up with 100% corporate welfare while the entire foodstamp program would be canceled.
Is this a deliberate attempt by the Lords to sabotage the passing of the main bill, by putting in something they know the coalition partners the Lib Dems already voted down? Seeing who tabled it, maybe not, but we need to be alert that the latest fight for our liberties won't just start at the next election.
Better make sure the Lib Dems know. Ugh.
This guy:
http://www.theguardian.com/politics/2008/aug/20/ian.blair.pr... http://www.theguardian.com/uk-news/2013/aug/26/lord-blair-la...
"The FBI general counsel's office has drafted a proposed law...requiring that social-networking Web sites and providers of VoIP, instant messaging, and Web e-mail alter their code to ensure their products are wiretap-friendly. 'If you create a service, product, or app that allows a user to communicate, you get the privilege of adding that extra coding'" http://www.cnet.com/news/fbi-we-need-wiretap-ready-web-sites...
Here's another article from 2006 talking about Rep. Diana DeGette (D-Colorado). She had originally proposed legislation imposing data retention requirements on ISPs, but then wanted to extend it to Facebook, Xanga, MySpace, etc. (to be fair, Rs have made similar proposals): http://news.cnet.com/Congress-targets-social-networking-site...
I can't easily find the link to another piece I wrote, but DOJ/FBI reps have also talked about including photo-sharing sites. This is in addition to the FBI wanting to force ISPs to keep track of every web site that customers visit (not just IPs assigned): http://www.cnet.com/news/fbi-wants-records-kept-of-web-sites...
So far these proposals have not become law, meaning that the types of companies well-represented here on HN don't have to keep records of their users' activities for future police access. I've been critical of AT&T/VZ/Comcast/etc. over surveillance here before, but I'll give them credit for this: Those of us working on social/email/etc. startups aren't targeted by all these regulations today because of ISPs' defensive DC efforts over many years. They're doing it because of self-interest, true, but the spillover effect is real.
Why would the House of Lords stop existing? Not changing things is a tradition.
The concern with changing it is that you could simply make things worse, even if on the surface more meritocratic. For instance, if it just ended up filled with the same career politicians as the commons and just agreed with everything they said. Of course it could end up better as well, in principle, but I'm not sure the government could be trusted to implement things that way.
And while you are at it, remove commons as well, as it sounds really degrading. Suggestions for new names anyone?
Edit: And the Commons is called the Lower House<https://en.wikipedia.org/wiki/Lower_house>. In a parliamentary system, the lower house actually has more power.
When you look at it from that angle I think it makes a lot of sense and is actually rather progressive.
I can't actually think of anyone in that category in the Lords. There's Doreen Lawrence, Baroness Lawrence of Clarendon, though. I do wonder how she gets on with Lord Blair.
There's at least two composers on there I recognise, I can't actually see artists at the moment, but there are several people from the art world, and several scientists.
Also: people from human rights organisations, nature conservation organisations, farmers, medics, bishops, atheists, lawyers, spies, bankers, people who work in child protection, housing for low income people, people from elite sports, people from popular sports, social workers, and lots more people without the notes to immediately say what they do.
(Yes there's also quite a lot of retired career politicians).
Marine, SBS, MI6, parliament, helping sort out Bosnia... quite an incredible CV.
The two that immediately spring to mind are Lord Robert Winston and Lord Andrew Lloyd-Webber.
I don't think that the House of Lords is "progressive". Put it this way: In only two countries do senior clergymen automatically get a seat in a house of Legislature: Iran and the United Kingdom.
It's not progressive company to keep.
Well, there's at least one other sovereign state in which people hold legislative office by virtue of holding particular senior religious office -- and which goes further in that there are no other legislators -- Vatican City.
But that's a bit different...
Yes, and?
I agree; but you asked "Why does the UK still have the house of the Lords?" - why would that make the House of Lords vanish?
The point that I am making is that the British establishment has a very strong bias in favour of the status quo; i.e against change. Especially change that doesn't benefit them.
Something that has existed for centuries doesn't just stop existing even if you and I don't like it. Adhering to tradition is a tradition. Something has to happen to make it stop, and that thing has to be strong enough to overcome the establishment's inertia.
Obviously it's a system that nobody would design, but the fact that they're still there is more of a symptom of inegalitarianism running deep than a cause of it.