This morning, in advance of the new draft of the Investigatory Powers Bill being released, I asked six questions:
At a first glance, they seem to have got about 2 out of 6, which is perhaps better than I suspected, but not as good as I hoped.
- On encryption, I fear they’ve failed again – or if anything made things worse. The government claims to have clarified things in S217 and indeed in the Codes of Practice – but on a first reading this seems unconvincing. The Communications Data Draft Code of Practice section on ‘Maintenance of a Technical Capability’ relies on the idea of ‘reasonability’ which in itself is distinctly vague. No real clarification here – and still the possibility of ordering back-doors via a ‘Technical Capability Notice’ looms very large. (0 out of 1)
- Bulk Equipment Interference remains in the Act – large scale hacking ‘legitimised’ despite the…
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