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Internet & Computerization
New Internet spy agency to be set up in Britain
By Mike Ingram
18 May 2000
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The British Labour government is planning to set up a new spy
centre that can track all email and Internet communication, including
encrypted messages.
The Government Technical Assistance Centre (GTAC) is to be
built at a cost of billions of dollars as part of a concretisation
of the Regulation of Investigatory Powers Bill (RIP) currently
going through parliament. The RIP designates Internet Service
Providers (ISPs) as "public telecommunications systems".
As such they are required to give access to detailed information
about Internet traffic upon the demand of the Home Secretary,
a judge or even a senior police officer. In introducing the legislation
Home Secretary Jack Straw reserved the right to demand the placing
of specific devices to monitor ISP traffic.
When the bill was placed before parliament earlier this year,
the exact nature of these devices was not specified. It has now
been reported that under the legislation, companies that provide
Internet service will have to set up secure channels to transmit
information about Internet traffic to the new spy centre.
Anticipating the widespread use of encryption technologies
as a result of this attack upon privacy, the RIP gives the police
the power to demand the codes to read all encrypted messages,
including those used by business to protect credit card numbers
in electronic commerce transactions.
In what opponents of the bill have termed a violation of the
presumption of innocence, failure to comply with a decryption
notice would be a criminal office unless the person could prove
they did not have the ability to decrypt the message for any reason,
such as losing the password.
The setting up of the GTAC shatters government claims that
the RIP is simply an update to existing legislation over electronic
surveillance in light of the development of the Internet. The
new centre will be the headquarters of a continuous mass surveillance
operation on a scale not seen anywhere in Europe. It goes much
further than even the text of the bill itself indicates.
The RIP bill compels Internet providers to assume the role
of police spy, threatening employees of a company upon whom surveillance
warrants have been served with two years imprisonment for failure
to comply or five years for revealing the contents, details or
even the existence of a surveillance warrant. There is no time
limit on this requirement and there is no "whistle-blowing"
clause (allowing employees to reveal practices that are considered
to be against the public good).
This last point is extremely significant. In the 1980s a number
of high-profile cases of abuse of authority in relation to phone-tapping
carried out by the General Communications Headquarters (GCHQ)
spy centre in Cheltenham came to light only as a result of the
actions of employees. When the Thatcher government banned trade
unions at the centre in 1981, the then Labour opposition condemned
this as an attack on democratic rights. The "whistle-blower"
clause was introduced by the newly elected Labour government in
1996 to give the appearance of a more open and responsive attitude.
The opening of the GTAC spy centre will make the gathering
of electronic data of anyone using the Internet, both within Britain
and overseas, a routine occurrence. Procedures for the granting
of warrants for access to this data are more loosely defined in
the RIP bill than in the past. The Home Secretary has the power
to sign a certificate to exempt a warrant from naming either a
single person or premises as the target for surveillance. With
such a certificate in hand, the authorities can monitor whomever
they want and no one will ever know about it.
See Also:
British Labour government to
enforce police access to email encryption
[31 March 2000]
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