Last week, several reputable sources including The Telegraph and The Independent reported on a government plan to capture every email and web visit in the UK.
The data would be captured in ‘black boxes’, which would be installed upstream from ISPs and paid for by the government, thereby removing a major obstacle to implementation.
Nonetheless, the plan, which has been given the adorable name of IMP (Interception Modernisation Programme), does have to go out for consultation, and early indications are that it will be met with significant resistance.
The Telegraph reports that ‘Richard Thomas, the Information Commissioner, has described [the black box plan] as a “step too far”.’ The Independent adds that ‘the Government’s own terrorism watchdog said that as a “raw idea” it was “awful”.’
The government, however, says they only want to go back to the same amount of monitoring they could do before the Internet existed, and that they need the data to support anti-terrorism efforts.
At first blush, this idea sounds absolutely horrible. The government appears to be distinguishing between ‘content’ and ‘traffic’, but it isn’t clear what the difference is. There’s no mention in any of the articles I read about warrants and due process. Even the United States’ warantless wiretapping program isn’t this broad; back in 2005, then-Attorney General Alberto Gonzalez said that the surveillance could only be undertaken when there’s “a reasonable basis to conclude that one party to the communication is a member of al Qaeda, affiliated with al Qaeda, or a member of an organization affiliated with al Qaeda, or working in support of al Qaeda.” and that one party to the conversation is “outside of the United States”.
So here I go again, with what’s beginning to seem like a repetitive chant: the ever-increasing nature of our connectivity requires ever-increasing sensitivity to privacy and civil rights issues.
I don’t claim to be any sort of expert on government intelligence, terrorism monitoring, or international law. What I do know is that a civilized and humane society is engaged in a continuous balancing act between the security of its people and the freedoms of its people.
So I applaud the consultation process, and I am heartened by imagining that it will be authentic and fair. And I hope that the people who respond do so thoughtfully. And I hope that the UK government bears in mind that its duty is not to protect its people at the expense of its people.
Do you think I’m overreacting? That this plan is no worse than anything that’s been done a million times before? Or do you think that privacy should be maintained unless there’s a demonstrated need to see a specific communication? I’m looking forward to hearing from you.