Contenu connexe Similaire à IPBillOversightInsight (20) Plus de Graham Smith (10) 2. Page 2
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Article 8 ECHR – privacy protection
No interference by a public authority except such as is:
● in accordance with the law and
● is necessary in a democratic society
● in the interests of
• national security,
• public safety
• or the economic well-being of the country,
• for the prevention of disorder or crime,
• for the protection of health or morals,
• or for the protection of the rights and freedoms of others
● Proportionality
3. Page 3
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Existence of law
Quality of law
Accessibility
In accordance with the law
4. Secrecy and quality of law
are natural antagonists
Page 4
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Accessibility
6. Not just a US problem
Page 6
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8. Page 8
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RIPA/DRIPA - extraterritoriality
Mrs May: … The position is not changing; what is changing is simply
being absolutely without doubt that the extraterritoriality is there,
because it is now in the Bill, rather than it being asserted by
Government as having been the intention of the previous legislation.
Mrs May: … On the issue of lawful intercept, it has been the contention
of this Government—and, I believe, the previous Government when they
passed the Regulation of Investigatory Powers Act 2000—that that had
extraterritorial application. That has been legally questioned and we
have continued to assert that that is the power that currently exists. The
Bill puts that beyond doubt, by putting it clearly into primary legislation,
so nobody can be in any doubt that the power that we have always said
existed does in fact exist.
Hansard 15 July 2014 (DRIPA)
9. Page 9
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Thematic warrants under RIPA
Revealed by Intelligence and Security Committee
March 2015
Hansard 12 April 2016 (IPBill Commons Committee)
Joanna Cherry QC, MP
12. Page 12
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#IPBill Technical capability notices
End to end encryption
13. The government, in seeking to future-
proof the proposed legislation, has
produced definitions of internet
connection records and other terms
which have led to significant confusion
on the part of communications service
providers and others.
Commons Science & Technology Committee
Page 13
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18. Page 18
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David Anderson QC’s Bulk Powers Review
19. Graham Smith
graham.smith@twobirds.com
@cyberleagle
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