describe “bulk”, the Applicants propose simply to define “bulk” by
juxtaposition to “targeted”, that is, a capability that is not “targeted”,
involving the interception of information about a wide range of people,
most of whom are not of any legitimate interest to the security and
intelligence agencies.
2.
The bulk interception process
31.
The process of collecting, analysing, processing and storing personal
communications infringes Article 8 in a number of ways and each of those
ways must be justified and accompanied by proper safeguards.
The
Applicants divide the process that Government describes as ‘bulk
interception’ into six stages:
(1)
Initial Interception – Obtaining a raw signal from a source (e.g.
tapping a fibre optic cable).
(2)
Extraction – Copying the signal and converting or reconstructing
it into an intelligible format.
(3)
Filtering – Selecting particular information of interest (either
content or related communications data or both) through the use of
identifiers or selectors and discarding low value internet traffic,
such as the content of video streaming from well-known commercial
providers.
governing interception of communications] does not give any indication of the circumstances under
which an individual’s communications may be intercepted on account of events or activities
endangering Russia’s national…security. It leaves the authorities an almost unlimited degree of
discretion in determining which events or acts constitute such a threat and whether that threat is
serious enough to justify secret surveillance, thereby creating possibilities for abuse.”; United
Nations Siracusa Principles on the Limitation and Derogation Provisions in the International
Covenant on Civil and Political Rights, U.N. Doc. E/CN.4/1985/4, Annex (1985): “National
security may be invoked to justify measures limiting certain rights only when they are taken to
protect the existence of the nation or its territorial integrity or political independence against force
or threat of force.”
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