1.18.
The powers proposed in the Bill comprise, in rough outline:
(a) powers to intercept communications to replace those currently provided for
(sometimes opaquely) by Part I Chapter 1 of the Regulation of Investigatory
Powers Act 2000 [RIPA 2000] and the Wireless Telegraphy Act 2006 [WTA
2006];19
(b) powers to require the retention of and access to communications data, to
replace those currently provided for pursuant to:
•
the Telecommunications Act 1984 [TA 1984] (bulk acquisition of
communications data);
•
Part I Chapter 2 of RIPA 2000 (targeted communications data
acquisition);
•
the Data Retention and Investigatory Powers Act 2014 [DRIPA 2014]
and the Anti-Terrorism Crime and Security Act 2001 (communications
data retention); and
•
some 65 other statutory mechanisms;20
(c) a completely new power to require the retention of internet connection
records [ICRs];21
(d) powers of equipment interference [EI] (otherwise known as Computer
Network Exploitation [CNE]) based on those possessed by the police under
the Police Act 1997 and the SIAs under the Intelligence Services Act 1994
[ISA 1994];22 and
(e) the power of the SIAs to retain and use BPDs obtained pursuant to the
Security Service Act 1989 [SSA 1989] and ISA 1994.23
1.19.
19
20
21
22
23
24
Though exercised in some cases under laws which I have described as
“incomprehensible save to a tiny band of initiates”,24 it is fair to say that the great
majority of these powers are already in use. An important exception is the power
to require the retention of ICRs (1.18(c) above). A further exception is
Part 2 and Part 6 Chapter 1 of the Bill.
Part 3, Part 4 and Part 6 Chapter 2 of the Bill. The 65 statutory mechanisms are identified at
AQOT 6.18 and Annex 6.
Clauses 59(6) and 83(9). ICRs are a type of communications data, but are here listed
separately because the power to require their retention is new.
Part 5 and Part 6 Chapter 3 of the Bill.
Part 7 of the Bill.
AQOT Executive Summary, para 35. The former Attorney General Dominic Grieve QC MP
went further, remarking that “even the initiates sometimes found it incomprehensible”: Hansard
HC 25 June 2015, vol 597 col 1092.
7