The draft Investigatory Powers Bill was published by the Government on 4 November 2015. Ministers have been clear that the intention of this Bill is to consolidate and clarify existing legislation on the interception of communications and the acquisition of communications data and to modernise the law in the light of developments in communications technologies, in order to maintain the operational capabilities of law enforcement agencies and the intelligence and security services. Previous attempts to legislate in this area have met with criticisms over the lack of consultation with communications service providers (CSPs) on matters of technical feasibility and cost. In our inquiry we have focused on technological aspects of the draft Bill in order to identify the main technological issues involved and how these might affect the communications businesses that will have to collect data and cooperate with the security authorities. If law enforcement agencies and the intelligence and security services are effectively to combat terrorism and serious crime, they must have the means to keep pace with developments in communications. They will doubtless need to continue to deploy a range of methods for intercepting and acquiring information about communications. The evidence we have received suggests there are still many unanswered questions about how this legislation will work in the fast moving world of technological innovation. It is essential that the integrity and security of legitimate online transactions is maintained if we are to trust in, and benefit from, the opportunities of an increasingly digital economy.

This comprehensive textbook by the editor of Law and the Internet seeks to provide students, practitioners and businesses with an up-to-date and accessible account of the key issues in internet law and policy from a European and UK perspective. The internet has advanced in the last 20 years from an esoteric interest to a vital and unavoidable part of modern work, rest and play. As such, an account of how the internet and its users are regulated is vital for everyone concerned with the modern information society. This book also addresses the fact that internet regulation is not just a matter of law but increasingly intermixed with technology, economics and politics. Policy developments are closely analysed as an intrinsic part of modern governance. Law, Policy and the Internet focuses on two key areas: e-commerce, including the role and responsibilities of online intermediaries such as Google, Facebook and Uber; and privacy, data protection and online crime. In particular there is detailed up-to-date coverage of the crucially important General Data Protection Regulation which came into force in May 2018.

A fresh perspective on an ancient institution; Exploring Parliament offers an engaging and real-life insight into the inner workings, impact, and relevance of twenty-first century Parliament. Short academic and practitioner chapters are combined with highly relevant and practical case studies, to provide a new and accessible introduction to Parliament's structures, people, and practices. As well as covering the broader structure of UK Parliament, this text explains the role of small parties in law making, the design and space of Parliament, and offers illuminating case studies on highly topical areas such as the Backbench Business Committee, the Hillsborough Inquiry and recent pieces of legislation such as the Assisted Dying Bill. This text is complemented by the following online resources for students and lecturers: - Video tours of Parliament - Podcasts to explain and explore the work of Parliament - Web links to help students to explore Parliament even further

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.

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 offers a comparison of the differences between the ‘public’ and ‘private’ spheres, and questions the need for law enforcement to intrude upon both. Beginning with the origins of the concept of privacy, before addressing more current thinking, the authors examine the notion of privacy and policing, using both direct (e.g. 'stop and search' methods) and technological interventions (e.g. telephone interceptions and Automatic Number Plate Recognition cameras), privacy in the space of the court, looking at what restrictions are placed on press reporting, as well as considering whether the open court ensures fair trials. Particular forms of offending and privacy are also considered: anonymity for sexual offence defendants, for example, or weighing the terrorist’s right to privacy against the safety and security of the general public. A timely discussion into the right to privacy in prison and during community sentences is also included, and Marshall and Thomas offer convin cing analysis on the importance of rehabilitation, giving consideration to police registers and the storage and maintenance of criminal records by the police and their possible future use. A diverse investigation into the many facets of privacy, this volume will hold broad appeal for scholars and students of terrorism, security, and human rights.