UK to pass emergency laws for phone, internet surveillance

11 Jul 2014

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The UK will rush through an emergency law next week to force phone and internet companies to hold records of customers' calls, texts and visits to websites.

Prime Minister David Cameron said the fast-track measures are necessary to defend national security against the terrorist threat from Iraq and Syria. The consequences of not acting are ''grave'', he added.

The measures are a response to a ruling by the European Court of Justice which struck down regulations that enabled communications companies to retain data for police use for a year.

Internet and phone companies will soon start deleting the records – a move that will have ''serious consequences'' for police and counter-terror investigations, Downing Street said.

The emergency laws will also create a ''clearer legal framework'', at the demand of companies, for when police and intelligence agencies want to intercept terrorist and criminal communications.

The need for new laws is ''urgent'', Downing Street said. There is cross-party agreement.

''It is the first duty of government to protect our national security and to act quickly when that security is compromised,'' Cameron said.

''As events in Iraq and Syria demonstrate, now is not the time to be scaling back on our ability to keep our people safe. The ability to access information about communications and intercept the communications of dangerous individuals is essential to fight the threat from criminals and terrorists targeting the UK.

''No government introduces fast track legislation lightly. But the consequences of not acting are grave.

''I want to be very clear that we are not introducing new powers or capabilities – that is not for this Parliament. This is about restoring two vital measures ensuring that our law enforcement and intelligence agencies maintain the right tools to keep us all safe.''

Downing Street said data about phone calls and internet traffic had been used in every major MI5 investigation over the past decade, and is used to catch drug dealers, paedophiles and fraudsters and prevent miscarriages of justice.

However, one study has shown that half the data retrieved in child abuse investigations is between six months and a year old.

The European Court ruling struck down the underpinning requiring companies to hold onto their data for twelve months, meaning they may stop providing it and may start deleting data which the government regards as essential for national security.

Downing Street highlighted the Rochdale grooming scandal, the murder of Rhys Jones and the conviction of Mashudur Choudhury in connection with terrorism in Syria as cases that relied on online interceptions.

Nick Clegg, the deputy prime minister who has consistently argued against greater state surveillance, insisted the emergency laws ''will not be used as an excuse for more powers, or for a 'snooper's charter'.'' He took credit for a series of measures presented as protecting civil liberties in the Bill.

''Liberty and security must go hand in hand. We can't enjoy our freedom if we're unable to keep ourselves safe,'' he said.

The Data Retention and Investigation Powers Bill will include a sunset clause, meaning it expires in 2016 and will need to be renewed by the next government.

A senior diplomat will be appointed to lead discussions with the US government and internet companies to set up a new international agreement on sharing data.

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