EXECUTIVE SUMMARY
13.
14.
In relation to the subject-matter of the 2012 Communications Data Bill:
a.
The provisions for IP resolution in the Counter Terrorism and Security Act
2015 are useful and should be kept in force.4
b.
The compulsory retention of records of user interaction with the internet (web
logs or similar) would be useful for attributing communications to individual
devices, identifying use of communications sites and gathering intelligence or
evidence on web browsing activity. But if any proposal is to be brought forward,
a detailed operational case needs to be made out, and a rigorous assessment
conducted of the lawfulness, likely effectiveness, intrusiveness and cost of
requiring such data to be retained.5
c.
There should be no question of progressing proposals for the compulsory
retention of third party data before a compelling operational case for it has
been made out (as it has not been to date) and the legal and technical issues
have been fully bottomed out.6
The capability of the security and intelligence agencies to practise bulk collection of
intercepted material and associated data should be retained (subject to rulings of the
courts),7 but used only subject to strict additional safeguards concerning:
a.
judicial authorisation by ISIC;8
b.
a tighter definition of the purposes for which it is sought, defined by operations
or mission purposes;9
c.
targeting at the communications of persons believed to be outside the UK at
the time of those communications;10 and
d.
the need for a specific interception warrant to be judicially authorised if the
applicant wishes to look at the communication of a person believed to be within
the UK.11
15.
There should be a new form of bulk warrant, the bulk communications data warrant,
which would be limited to the acquisition of communications data and could thus be
a proportionate option in certain cases.12
4
Recommendation 14 below.
Recommendations 15-17, 14.32-14.36 below.
Recommendation 18, 14.37-14.38 below.
Recommendation 19, 14.39-14.45 below.
Recommendations 22, 45-48, 14.47-14.57 below.
Recommendation 43, 14.75 below.
Recommendation 44, 14.76-14.77 below.
Recommendation 79, 14.89 below.
Recommendation 42(b) and 44, 14.73 and 14.77 below.
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9
10
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12
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