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UK: Theresa May moves to give police powers to identify internet users: Lib Dems welcome plan to force internet service providers to keep details linking IP addresses to individuals

24 November 2014

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Tony Bunyan, Statewatch Director, comments: "The government yet again, as it did over DRIPA 2014, is openly ignoring the judgment of the Court of the European Union (CJEU) in April that the mass surveillance of communications, including the internet and mobile phones, is "unlawful"".

See the article: Theresa May moves to give police powers to identify internet users: Lib Dems welcome plan to force internet service providers to keep details linking IP addresses to individuals (Guardian, link), Internet data plan back on political agenda (BBC News, link) and New Security Bill will force online service providers to keep log of users' activity (The Independent, link). The government is to add clauses to this effect to the Anti-Terrorism and Security Bill before parliament.

See: Judgment (pdf)

See for background: Statewatch Analyses: Mass surveillance of communications in the EU: CJEU judgment and DRIPA 2014/RIPA 2000 in the UK (pdf), and: GCHQ is authorised to “spy on the world” but the UK Interception of Communications Commissioner says this is OK as it is “lawful (pdf). The latter includes a statement by GCHQ to the Intelligence and Secuirty Committee in 2013, The reason much of GCHQ’s trawling is “overseas” is because:

“A complete call or message between two individuals may involve a large number of overseas CSPs and network providers… Overseas CSPs, especially those based outside the EU, may not be obliged to retain the CD of most relevance to the authorities. Even if they hold the relevant data, they cannot be obliged to provide it to UK authorities, and may be unwilling to do so voluntarily.” (emphasis added, p.11)

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