Liberty Granted Permission to Challenge UK ISP Internet Snooping Law

The High Court in London has today approved a request by Liberty, a human rights group, to challenge part of the Government’s controversial Internet surveillance powers in the new Investigatory Powers Act. The effort is being supported by £53,313 raised via crowd-funding.

The IPAct contains a variety of measures, such as one that forces broadband providers (BT, Sky Broadband, Virgin Media, TalkTalk etc.) to store (for up to 12 months) comparatively detailed Internet Connection Records (e.g. details of  all the websites / servers you’ve visited) about all of their customers, which can then be supplied to a valid authority without a warrant (here). This occurs irrespective of whether or not you’re even suspected of a crime.

At the end of last year the Court of Justice of the European Union (CJEU) warned that EU law does not allow “general and indiscriminate retention of traffic data and location data,” except for “targeted” use against “serious crime” (here). Since then the Government has delayed a consultation on related measures (here) and now Liberty intends to tackle both this issue and three others.

Martha Spurrier, Director of Liberty, said:

“We’re delighted to have been granted permission to challenge this authoritarian surveillance regime.

It’s become clearer than ever in recent months that this law is not fit for purpose. The Government doesn’t need to spy on the entire population to fight terrorism. All that does is undermine the very rights, freedoms and democracy terrorists seek to destroy.

And as increasingly frequent hacking attacks bring businesses and public bodies to their knees, our Government’s obsession with storing vast amounts of sensitive information about every single one of us looks dangerously irresponsible.

If they truly want to keep us safe and protect our cybersecurity, they urgently need to face up to reality and focus on closely monitoring those who pose a serious threat.”

The £53k of funding might sound like a lot, although a major High Court challenge could easily suck all of that up in double quick time and it might also leave the group exposed to later cost claims. As such Liberty has applied for a costs capping order. If granted, the case will be listed for a full hearing in due course.

The High Court has also allowed Liberty to seek permission to challenge three other parts of the Act once the Government publishes further codes of practice, or by March 2018 at the latest. The group has instructed Shamik Dutta at Bhatt Murphy Solicitors, Ben Jaffey QC, Martin Chamberlain QC and David Heaton to take on the case.

Liberty’s Legal Challenge of the IPAct

* Bulk and ‘thematic’ hacking – the Act lets police and agencies access, control and alter electronic devices like computers, phones and tablets on an industrial scale, regardless of whether their owners are suspected of involvement in crime – leaving them vulnerable to further attack by hackers.

* Bulk interception of communications content – the Act lets the state read texts, online instant messages and emails, and listen in on calls en masse, without requiring suspicion of criminal activity.

* Bulk acquisition of everybody’s communications data and internet history – the Act forces communications companies and service providers to retain and hand over records of everybody’s emails, phone calls and texts and entire web browsing history to state agencies to store, data-mine and profile at its will.

* Bulk personal datasets – the Act lets agencies acquire and link vast databases held by the public or private sector. These contain details on religion, ethnic origin, sexuality, political leanings and health problems, potentially on the entire population – and are ripe for abuse and discrimination.