Comments on #snooperscharter #ccdp

A late-night clause-wise look at the Joint Committee's report on the draft Communications Data Bill. With thanks to @glynwintle for moral support and HT to @RTaylorUK and @spyblog - hope you all don't mind me interspersing our comments.

  1. Joint Committee report on draft Communications Data Bill is now published here: publications.parliament.uk/pa/jt201213/jt…
  2. Para 6 publications.parliament.uk/pa/jt201213/jt… shows Coalition hasn't consulted & broke own Agreement. So why does HO act as if consultation has taken place?
  3. 41 publications.parliament.uk/pa/jt201213/jt… (not new but) C'ttee shoots secret squirrel re. who's using an IP address and which pages they're looking at up to /
  4. 46 #ccdp "prime candidate for wide-ranging consult at a stage when policy was still being formulated & could be amended This did not happen"
  5. 49 position of overseas email providers was worse, 1st contact with HO coming after committee had invited companies to give evidence #ccdp
  6. 50 #CCDP HO Technical Advisory Board (set up under RIPA) met ONCE in 2009/10: http://www.homeoffice.gov.uk/publications/agencies-public-bodies/tab1/tab-annual-report-2009-10?view=Binary Minutes: "no active business to discuss"
  7. 51 publications.parliament.uk/pa/jt201213/jt… Farr clearly & deliberately misled Parliament = Contempt, Punishable for Strangers. And he's in line for Perm Sec!!!
  8. 52. Industry given sight of the draft Bill, under embargo, week before its publication; first indication they had of how #ccdp was drafted
  9. 55 If policy depends on if can be implemented by few major international corps, not to consult them on detailed policy seems unwise #ccdp
  10. 56 Home Office should not have assumed consultation published in April 2009 could justify publication draft legislation 3 years later #ccdp
  11. 57 Evidence received shows UK CSPs were not given any details about possible content of notices before the draft Bill was published... #ccdp
  12. 57 ... overseas CSPs were not consulted about the draft Bill at all, nor was there any further public consultation #ccdp
  13. 58. Before re-drafted legislation, new consultation with tech experts, industry, law enforcement, public authorities & civlib groups #ccdp
  14. 60 Meaningful consultation only possible once clarity on real aims of the Home Office & clarity on expected use of powers under #ccdp
  15. 61-64 publications.parliament.uk/pa/jt201213/jt… Savages over-broad drafting of Clause 1 and intention to use "secret notices": wide open to "misuse & abuse", 66
  16. 66 Clause 1 of #ccdp could misused or abused, in future. Hardly surprising that proposal for powers of this width has caused public anxiety
  17. 70 #ccdp "We do not think that Parliament should grant powers that are required only on the precautionary principle." Good. Now stick to it.
  18. 74 #ccdp "We do not think that IPaddress resolution raises particular privacy concerns" Really?! Surely this wd make IPaddress personal data
  19. 75 #ccdp "generate data", i.e. pure surveillance without business purpose. What mechanism(s) do they intend? Retained for how long?
  20. Para 77 #CCDP report bit.ly/T2DlPu says most UK comms service providers don't currently keep logs of websites users visit.
  21. 77 #ccdp @julianhuppert's examples in Indy independent.co.uk/voices/comment… show what utter bollocks 'before the first slash isn't content' truly is
  22. 79 publications.parliament.uk/pa/jt201213/jt… What provider wouldn't help police to track paedo & terror suspects? No excuse for blanket surveillance of whole UK!
  23. 81 Some witnesses expressed concerns that the more info stored, & more sensitive the nature of data, greater chance of security breach #ccdp

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