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The Investigatory Powers Bill and journalism

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Talk at the Open Rights Group Birmingham, September 2016

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The Investigatory Powers Bill and journalism

  1. 1. @PaulBradshaw, Online Journalism Blog Birmingham City University (and journalism) The #IPBill
  2. 2. Mass collection Thematic warrants Data sharing Hacking powers Poor oversight How many problems?
  3. 3. **
  4. 4. “This application produced five telephone numbers, all of which were researched for connections with the MPS [Metropolitan Police Service]. One number was identified as the switchboard number for Hinchingbrooke Hospital in Cambridgeshire. It was established that Officer 15 DPG’s wife Member of Public 3, was employed at that hospital ”Enquiries were made with Siemens in order to identify from the data on the exhibit, which extension within the hospital the call to The Sun was made from.” Operation Alice Report, Metropolitan Police http://www.iocco-uk.info/docs/Met%20Operation%20Alice%20Closing%20Report.pdf
  5. 5. https://www.bigbrotherwatch.org.uk/wp-content/uploads/2016/03/Data-Retention.pdf
  6. 6. The person calling the crisis line is not ordering pizza. The profiler’s assumption that the device is equal to, or identical with, or identifiable with its user is an obvious pragmatic reduction Oliver Leistert: “Data doubles” Leistert, Oliver. Data Retention in the European Union: When a Call Returns, International Journal of Communication 2 (2008)
  7. 7. * http://www.telegraph.co.uk/technology/news/9182991/Digital-surveillance-what-my-phone-records-say-
  8. 8. ** Your devices may betray you.
  9. 9. * http://webkay.robinlinus.com/
  10. 10. * https://www.eff.org/pages/tor-and-https
  11. 11. “We kill people based on metadata” General Michael Hayden, former director of CIA and NSA https://www.theguardian.com/commentisfree/2016/feb/21/death-from-above-nia-csa-skynet-algorithm-drones-pakistan
  12. 12. ** Why might you be targeted? Because you used the wrong words
  13. 13. * https://www.theguardian.com/politics/2016/apr/28/police-anti-extremism-unit-monitoring-green-party-caroline-lucas-sian-berry
  14. 14. http://www.iocco-uk.info/docs/2015%20Half-yearly%20report%20(web%20version).pdf
  15. 15. “It is inevitable that an investigator will be tempted to use every means at his disposal and to keep his options open when planning covert surveillance; to be, as often quoted in my presence at ACPO conferences, “lawfully audacious” Sam Lincoln, Office of Surveillance Commissioners http://ukhumanrightsblog.com/2015/10/13/surveillance-under-ripa-neither-a-strict-legal-framework-nor-rigorously-overseen-sam-lincoln/
  16. 16. * http://bigstory.ap.org/article/govt-obtains-wide-ap-phone-records-probe What might be used against you?
  17. 17. * https://onlinejournalismblog.com/2016/03/18/investigatory-powers-bill-hacking-publishers/
  18. 18. * http://arstechnica.co.uk/tech-policy/2015/08/associated-press-sues-fbi-over-fake-news-story/
  19. 19. Data sharing
  20. 20. *
  21. 21. *
  22. 22. *
  23. 23. https://haveibeenpwned.com/
  24. 24. http://www.telegraph.co.uk/technology/news/9182991/Digital-surveillance-what-my-phone-records-say- 517,236 searches 795 public bodies 1 year
  25. 25. “When it comes to contracts, suppliers that have routinely messed up are handed more deals. When it comes to policy, approaches that have proved unsuccessful get dusted off and pushed with renewed vigour.” Kat Hall, The Register http://www.theregister.co.uk/2016/09/19/ukgov_digital_economy_shambles/
  26. 26. The health sector has the most data breaches, followed by local government. Furthermore, not all threats to cyber security or data protection are from external actors: over 40% are caused by employees, contractors and third party suppliers, and half of these are accidental. Information Commissioner’s Office http://www.parliament.uk/business/committees/committees-a-z/commons-select/culture-media-and-sport-committee/news-parliament-2015/cyber-security-report- published-16-17/
  27. 27. https://haveibeenpwned.com/
  28. 28. *http://www.telegraph.co.uk/news/uknews/law-and-order/9372965/Foreign-powers-will-be-allowed-to- access-email-and-phone-records.html
  29. 29. * http://www.independent.co.uk/news/uk/home-news/gchq-spying-programme-spy-watchdog-is-understaffed-and-totally-ineffective-8708231.html hhttp://www.markpack.org.uk/31123/six-reasons-the-interception-of-communications-commissioner-has-failed/ hthttp://www.telegraph.co.uk/news/uknews/law-and-order/9621493/Use-stronger-snooping-powers-against-fly-tipping-watchdog-urges.html
  30. 30. *

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