A License to Print Money
Wendy Grossman reports on the release of the Draft Communications Data Bill and looks over some of the major comments and criticisms it has recevied.
"It's only a draft," Julian Huppert, the Liberal Democrat MP for Cambridge, said repeatedly. He was talking about the Draft Communications Data Bill (PDF), which was published on Wednesday. On the 14th, in a room in a Parliamentary turret, Hupper convened a meeting to discuss the draft; in attendance were a variety of Parliamentarians plus experts from civil society groups such as Privacy International, the Open Rights Group, Liberty, and Big Brother Watch. Do we want to be a nation of suspects?
The Home Office characterizes the provisions in the draft bill as vital powers to help catch criminals, save lives, and protect children. Everyone else - the Guardian, ZDNet UK, and dozens more - is calling them the "Snooper's charter".
Huppert's point is important. Like the Defamation Bill before it, publishing a draft means there will be a select committee with 12 members, discussion, comments, evidence taken, a report (by November 30, 2012), and then a rewritten bill. This draft will not be voted on in Parliament. We don't have to convince 650 MPs that the bill is wrong; it's a lot easier to talk to 12 people. This bill, as is, would never pass either House in any case, he suggested.
This is the optimistic view. The cynic might suggest that since it's been clear for something like ten years that the British security services (or perhaps their civil servants) have a recurring wet dream in which their mountain of data is the envy of other governments, they're just trying to see what they can get away with. The comprehensive provisions in the first draft set the bar, softening us up to give away far more than we would have in future versions. Psychologists call this anchoring, and while probably few outside the security services would regard the wholesale surveillance and monitoring of innocent people as normal, the crucial bit is where you set the initial bar for comparison for future drafts of the legislation. However invasive the next proposals are, it will be easy for us to lose the bearings we came in with and feel that we've successfully beaten back at least some of the intrusiveness.
But Huppert is keeping his eye on the ball: maybe we can not only get the worst stuff out of this bill, but make things actually better than they are now; it will amend RIPA. The Independent argues that private companies hold much more data on us overall, but that article misses that this bill intends to grant government access to all of it, at any time, without notice.
The big disappointment in all this, as William Heath said on Thursday, is that it marks a return to the old, bad, government IT ways of the past. We were just getting away from giant, failed public IT projects like the late unlamented NHS platform for IT and the even more unlamented ID card towards agile, cheap public projects run by smart guys who know what they're doing. And now we're going to spend £1.8 billion of public money over ten years (draft bill, p92) building something no one much wants and that probably won't work? The draft bill claims - on what authority is unclear - that the expenditure will bring in £5 to £6 billion in revenues. From what? Are they planning to sell the data?
Or are they imagining the economic growth implied by the activity that will be necessary to build, install, maintain, and update the black boxes that will be needed by every ISP in order to comply with the law. The security consultant Alec Muffet has laid out the parameters for this SpookBox 5000: certified, tested, tamperproof, made by, say, three trusted British companies. Hundreds of them, legally required, with ongoing maintenance contracts. "A license to print money," he calls them. Nice work if you can get it, of course.
So we're talking - again - about spending huge sums of government money on a project that only a handful of people want and whose objectives could be better achieved by less intrusive means. Give police better training in computer forensics, for example, so they can retrieve the evidence they need from the devices they find when executing a search warrant.
Ultimately, the real enemy is the lack of detail in the draft bill. Using the excuse that the communications environment is changing rapidly and continuously, the notes argue that flexibility is absolutely necessary for Clause 1, the one that grants the government all the actual surveillance power, and so it's been drafted to include pretty much everything, like those contracts that claim copyright in perpetuity in all forms of media that exist now or may hereinafter be invented throughout the universe. This is dangerous because in recent years the use of statutory instruments to bypass Parliamentary debate has skyrocketed. No. Make the defenders of this bill prove every contention; make them show the evidence that makes every extra bit of intrusion necessary.
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Snoopers' Charter: MP debate, Edinburgh