Graham Smith
Coming up: 10 changes the government should make to the #IPBill but almost certainly won't.
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2/10 Scrap compulsory generation and retention of internet connection records. State-compelled lists of our reading habits are repugnant.
3/10 If data retention powers do include ICRs, stop there. Cl 71 of the draft Bill goes far beyond adding ICRs, incl the internet of things.
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4/10 Failing 3/10, require any proposed use of data retention powers beyond ICRs to be publicly consulted on beforehand.
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5/10 Better statutory safeguards on the use that can be made of bulk intercepted related communications data. (cf ISC report para 23.)
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6/10 Require greater specificity than ‘general’ for operational purposes described in a warrant.
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7/10 Future-proof not the powers, but the privacy/intrusion balance settled on by Parliament.
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8/10 Thus abandon technology-neutral drafting, use concrete definitions, sunset the powers and bring them back to Parliament frequently.
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9/10 Oversight body should proactively seek out and publish legal interpretations on the basis of which powers are exercised and asserted.
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10/10 Avoid sloughing everything off to Codes of Practice. They are no substitute for properly limited and clearly drafted powers.
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Still no Bill definition of 'internet service' or 'internet communications service' for ICRs. Sloughed off to CoP.pic.twitter.com/t8CiG9yDoT
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Clause 78 (as it now is) still reaches far beyond adding ICRs.
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