The Investigatory Powers Bill, being debated in Parliament this week, proposes the first wide-scale update in 15 years to the surveillance powers of the UK law-enforcement and intelligence agencies.
The Bill has several goals: to consolidate some existing surveillance powers currently either scattered throughout other legislation or not even publicly disclosed, to create a wide range of new surveillance powers, and to change the process of authorisation and oversight surrounding the use of surveillance powers. The Bill is complex and, at 245 pages long, makes scrutiny challenging.
The Bill has had its first and second readings in the House of Commons, and has been examined by relevant committees in the Commons. The Bill will now be debated in the ‘report stage’, where MPs will have the chance to propose amendments following committee scrutiny. After this it will progress to a third reading, and then to the House of Lords for further debate, followed by final agreement by both Houses.
So far, four committee reports have been published examining the draft Bill, from the Intelligence and Security Committee of Parliament, the joint House of Lords/House of Commons committee specifically set up to examine the draft Bill, the House of Commons Science and Technology committee (to which I served as technical advisor) and the Joint Committee on Human Rights.
These committees were faced with a difficult task of meeting an accelerated timetable for the Bill, with the government aiming to have it become law by the end of 2016. The reason for the haste is that the Bill would re-instate and extend the ability of the government to compel companies to collect data about their users, even without there being any suspicion of wrongdoing, known as “data retention”. This power was previously set out in the EU Data Retention Directive, but in 2014 the European Court of Justice found it be unlawful.
Emergency legislation passed to temporarily permit the government to continue their activities will expire in December 2016 (but may be repealed earlier if an appeal to the European Court of Justice succeeds).
The four committees which examined the Bill together made 130 recommendations but since the draft was published, the government only slightly changed the Bill, and only a few minor amendments were accepted by the Public Bills committee.
Many questions remain about whether the powers granted by the Bill are justifiable and subject to adequate oversight, but where insights from computer security research are particularly relevant is on the powers to grant law enforcement the ability to bypass normal security mechanisms, sometimes termed “exceptional access”.