MR JUSTICE BURTON
Approved Judgment
“descriptions of intercepted material” (within the
meaning of s8(4)(b) of RIPA) covering the target’s
communications, together with an appropriate s16(3)
modification (for individuals known to be within the
British Islands); or (iii) a s8(4) warrant and
accompanying certificate which includes one or more
“descriptions of intercepted material” covering the
target’s communications (for other individuals). The
reference to a “warrant for interception, signed by a
Minister” being “already in place” in the ISC’s
Statement of 17 July 2013 should be understood in these
terms. (Given sub-paragraph (b), and as previously
submitted in open, a RIPA interception warrant is not as
a matter of law required in all cases in which unanalysed
intercepted communications might be sought from a
foreign government.)
2.
Where the Intelligence Services receive intercepted
communications content or communications data from the
government of a country or territory outside the United
Kingdom, irrespective whether it is / they are solicited or
unsolicited, whether the content is analysed or
unanalysed, or whether or not the communications data
are associated with the content of communications, the
communications content and data are, pursuant to
internal “arrangements”, subject to the same internal
rules and safeguards as the same categories of content or
data, when they are obtained directly by the Intelligence
Services as a result of interception under RIPA.”
We considered that this Disclosure could be made open, and it was so made with the
consent of the Respondents.
48.
In addition, after the further open hearing, the Respondents made the following
further Disclosure of evidence given in the closed hearings:
(1)
“The US Government has publicly acknowledged that the
Prism system and Upstream programme, undertaken in
accordance with Section 702 of the Foreign Intelligence
Surveillance Act, permit the acquisition of communications
to, from, or about specific tasked selectors associated with
non-US persons who are reasonably believed to be located
outside the United States in order to acquire foreign
intelligence information. To the extent that the Intelligence
Services are permitted by the US Government to make
requests for material obtained under the Prism system
(and/or on the Claimants' case, pursuant to the Upstream
programme), those requests may only be made for
unanalysed intercepted communications (and associated
communications data) acquired in this way.”