This book contends that modern concerns surrounding the UK State’s investigation of communications (and, more recently, data), whether at rest or in transit, are in fact nothing new. It evidences how, whether using common law, the Royal Prerogative, or statutes to provide a lawful basis for a state practice traceable to at least 1324, the underlying policy rationale has always been that first publicly articulated in Cromwell’s initial Postage Act 1657, namely the protection of British ‘national security’, broadly construed. It further illustrates how developments in communications technology led to Executive assumptions of relevant investigatory powers, administered in conditions of relative secrecy. In demonstrating the key role played throughout history by communications service providers, the book also charts how the evolution of the UK Intelligence Community, entry into the ‘UKUSA’ communications intelligence-sharing agreement 1946, and intelligence community advocacy all significantly influenced the era of arguably disingenuous statutory governance of communications investigation between 1984 and 2016. The book illustrates how the 2013 ‘Intelligence Shock’ triggered by publication of Edward Snowden’s unauthorized disclosures impelled a transition from Executive secrecy and statutory disingenuousness to a more consultative, candid Executive and a policy of ‘transparent secrecy’, now reflected in the Investigatory Powers Act 2016. What the book ultimately demonstrates is that this latest comprehensive statute, whilst welcome for its candour, represents only the latest manifestation of the British state’s policy of ensuring protection of national security by granting powers enabling investigative access to communications and data, in transit or at rest, irrespective of location.

This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly under the guise of national security. This book focuses on data retention in the UK with the principal aim of examining compatibility with the ECHR. This is explored through a variety of ways including providing an account of democracy and why secret surveillance poses a threat to it, a history of data retention, assessing the seriousness that data retention poses to fundamental rights, the collection of rights that are affected by data retention which are crucial for a functioning democracy, the implications of who can be obligated to retain (and what to retain), the idea that data retention is a form of surveillance and ultimately, with all things considered, whether this is compatible with the ECHR. The work will be an invaluable resource for students, academics, researchers and policy-makers working in the areas of privacy, human rights law and surveillance.

Resisting State Surveillance in the Digital Age provides an in-depth examination of the complexity and diversity of organised opposition to increasing state surveillance powers in the UK. Taking the introduction of the Investigatory Powers Act as a central case study and combining an analysis of publicly available commentary and campaign materials, with detailed expert interviews, this book provides a comprehensive mapping of organised opposition to state surveillance at a time of heightened debate. It reveals the importance of looking at resistance from a multi-actor perspective, capturing the complex relationships between the actors that oppose state surveillance measures. It traces the varied arguments and knowledge that these groups bring to debates, and the–at times unlikely–coalitions that are formed as a result. The state’s mobilization in response, and the strategies designed to defy and diminish the value and knowledge of this opposition are also given much needed scrutiny. This book will be of interest to researchers across the social and political sciences, including sociology, criminology, and socio-legal studies. It will be useful to students studying surveillance and social control or those with an interest in resistance and social movements. Policy professionals and activists may also find its various insights and recommendations useful for future work in this area.

Dated November 2015. Print and web pdfs available at https://www.gov.uk/government/publications Web ISBN=9781474125666

First published in the 1930s, Bradley, Ewing and Knight is one of the UK’s best known law textbooks of all time. Written by a team of senior academics and a leading public law practitioner, the book is the definitive guide to all aspects of the constitution, and has been cited by courts across the world, including the UK’s Supreme Court. At its heart however, the book remains a student textbook with one fundamental aim; to provide all law students with a readable and comprehensive grounding in Public Law suitable for use on both first year modules, and more advanced courses. The full text downloaded to your computer With eBooks you can: search for key concepts, words and phrases make highlights and notes as you study share your notes with friends eBooks are downloaded to your computer and accessible either offline through the Bookshelf (available as a free download), available online and also via the iPad and Android apps. Upon purchase, you'll gain instant access to this eBook. Time limit The eBooks products do not have an expiry date. You will continue to access your digital ebook products whilst you have your Bookshelf installed.

Introduction -- The counter-terrorism constitution -- Investigatory powers and the constitution -- The military constitution -- Citizenship -- Secrecy -- Justiciability -- Sovereignty.