communications “via satellite connections or radio relay links” (§97). That
category was then limited to persons using “catchwords capable of
triggering an investigation into the dangers listed” or “foreign nationals or
companies whose telephone connections could be monitored deliberately in
order to avoid such dangers” (§97). Finally, the legislation prohibited the
monitoring of “the telephone connections of German nationals living
abroad” (§110).
169.
The Government’s response is that providing any narrower categories
would compromise national security. This is an untenable argument
because if accepted it would deprive the concept of foreseeability of all
meaning since it would allow everyone’s communications to be routinely
analysed by every Council of Europe state they pass through to see if they
are of interest.
3.
Limits on the duration of interception
170.
Under s9(6) of RIPA the maximum period of an interception warrant is six
months (or three months where the warrant is based on preventing or
detecting serious crime). The Secretary of State, however, may renew a
warrant – without limitation – so long as she “believes that the warrant
continues to be necessary on grounds falling within section 5(3).” (s9(2)).
This Court criticised long-term rolling renewals of authorisations in Gillan
v UK (2010) 50 EHRR 45 at [82] (“the failure of the temporal and
geographical restrictions provided by Parliament to act as any real check
on the issuing of authorisations by the executive are demonstrated by the
fact that an authorisation for the Metropolitan Police District has been
continuously renewed in a “rolling programme” since the powers were first
granted”). As discussed above, unlike a s8(1) warrant, a s8(4) warrant
requires no reasonable suspicion that the target has committed or is likely
to commit a criminal offence or has engaged in acts constituting a specific
threat to national security. Thus, the s8(4) Regime places no restriction on
the possibility that a person’s communications may be routinely initially
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