PART 1: CURRENT CONTEXT OF PARTIES’ SUBMISSIONS
I.
INTRODUCTION AND SUMMARY
Modern forms of communication
1.
The context of this case is of critical importance to the privacy of modern
forms of communication used by billions of people around the world and
hundreds of millions of people communicating to or from persons residing
in Europe.
2.
The Government of the United Kingdom claims the right to intercept in
bulk any communications that happen to traverse the UK, including those
of both UK citizens and others across the world. Additionally, in relation
to communications that the UK Government does not obtain by directly
intercepting them, it asserts an almost unfettered right to obtain those
which have been intercepted by the intelligence services of other states,
including the National Security Agency (“NSA”) of the United States of
America.
3.
The fact that such bulk interception and sharing is even possible reflects
rapid technological change. The UK Intelligence Services – the Security
Service
(“MI5”), the
Secret Intelligence Service
Government Communications Headquarters
(“MI6”) and
(“GCHQ”)
–
can
the
now
intercept, store and analyse vast amounts of internet and telephone
communications regardless of any individual ground for reasonable
suspicion.
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