CHAPTER 11: SERVICE PROVIDERS
11.6.
Of course, and in line with the goal of increasing trust, providers approach the
requirements from states for interception and communication data provision with a
clear focus on their business needs, which are in turn influenced by current
technological and market developments. Vodafone described it succinctly:
“If our customers begin to believe that their personal communications are no
longer private, they will either use our services less or switch to others they
believe are more protective of their privacy.”4
11.7.
This approach informs service providers’ views on the topic. They stress the
importance that they comply (and are seen to comply) not only with national law, but
with internationally recognised principles of human rights. As BT explained:
"We consider that it is appropriate to maintain a regime that permits access to
content and communications data, provided that the circumstances are suitably
circumscribed, and provided that all necessary checks and balances are in
place to ensure the lawful and proportionate operation of that regime,
particularly from a human rights perspective.”5
11.8.
However, for service providers operating internationally, complying with the law is a
complex demand. They do not see it as their role to resolve the conflicts of jurisdiction
that arise when, as is frequent when a law enforcement agency seeks
communications data or intercept on a customer, the provider is based in one country,
their customer who may or not be under suspicion is another, and the data needed is
in a third. But the reality is that providers are at the centre of resolving those conflicts
on a daily basis.
11.9.
All service providers stress that they are prepared to share data with the authorities in
order to save life and prevent crime. But governments in the UK and elsewhere can
no longer expect to conduct surveillance of communications on the basis of a cosy,
voluntary relationship with a limited number of providers. Service providers are
increasingly uncomfortable with voluntary arrangements, and may well show a
preference, absent compulsion, to protect customers’ privacy rather than cooperate
with governments. This gives them a surer base for action. Some service providers
will tip off a customer that they are under surveillance unless persuaded not to do so,
typically by a court order.6
International enforcement
11.10. Before turning to specific views of service providers based in different jurisdictions, it
is worth highlighting the most significant issue between service providers on the one
hand and the intercepting agencies and users of communications data on the other:
4
5
6
Evidence to the Review, October 2014.
Evidence to the Review, October 2014.
For example, Twitter’s policy is “to notify users of requests for their account information … prior to
disclosure unless we are prohibited from doing so ”: see Twitter’s “Guidelines for Law Enforcement”:
https://support.twitter.com/articles/41949-guidelines-for-law-enforcement#10.
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