Alternative methods
Interception
7.15.
Interception was not a viable alternative in either of the thematic EI case studies
(A10/1-2). Nor of course was it viable in the hypothetical examples that were
written with that scenario in mind (A10/3-5), or in the case study written to
illustrate the difference between thematic and bulk EI (A10/6).
7.16.
Interception may not be an adequate alternative because of technological
developments such as the anonymisation of devices and end-to-end encryption,
but also because the physical location of targets makes interception impossible,
or indeed because the target is not communicating. EI can be used to obtain
data on a device without that data ever having been sent anywhere by the user.
Targeted EI
7.17.
The four reasons why a targeted interception warrant may not be a feasible
alternative to a bulk interception warrant (5.24 above) do not apply (or do not
apply in the same way) in the EI context. Rather, the case for the inadequacy of
targeted EI as a substitute for bulk EI is put on the basis of the trend towards the
anonymisation of devices. This is said to mean that in future, GCHQ will
increasingly need to conduct operations in which it is not fully possible to assess
the degree of intrusion, at the point of authorisation and approval, because it
does not at that point have sufficient information about the equipment with which
it will interfere, the data it will collect or the precise analysis that will be required.
This would rule out even thematic EI, which should be used only when it is
possible to foresee the extent of the intrusion of the outset.
7.18.
Thematic targeted EI may be of equivalent scope to bulk EI, and a warrant
should therefore be no more cumbersome to obtain. But it is hard to see
thematic targeted EI as less intrusive alternative to bulk EI. Indeed there are
fewer limitations on its use, as described at 2.52-2.58 above.
Human sources
7.19.
In A10/1-2, GCHQ identified human sources as the only (albeit theoretical)
alternative means of obtaining information. In practical terms, the operating
environment was too dangerous for the use of human agents. It would also have
taken far longer for agents to obtain the information than it took analysts using
EI. It also appears likely that EI provided a more complete picture than agents
would have been able to achieve.
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