a. Should CNE activities be authorised by specific and individual warrants, or is
it sufficient that they be authorised by ‘class’ or ‘thematic’ warrants or
authorisations without reference to a specific individual target?
b. What records ought to be kept of CNE activity? Is it necessary that records of
CNE activity are kept that record the extent of the specific activity and the
specific justification for that activity on grounds of necessity and
proportionality, identifying and justifying the intrusive conduct taking place?
c. Have adequate safeguards been in place at all times to prevent the obtaining,
storing, analysis or use of legally privileged material and other sensitive
confidential documents?
d. What, if any, is the relevance of the fact that, until February 2015, it was
neither confirmed nor denied that the Respondents carried out CNE activities
at all?
e. What, if any, is the relevance of the Covert Surveillance and Property
Interference Code, issued in 2002 and updated in 2010 and 2014?
f. What, if any, is the effect of the publication of a Draft Equipment Interference
Code of Practice in February 2015?
g. What, if any, is the relevance of the Intelligence Services Commissioner’s
oversight of the use of the powers contained within ISA 1994?
h. What, if any, is the relevance of the oversight by the Tribunal and the
Intelligence and Security Committee of Parliament?