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Content type: Long Read
7th July 2016
This piece originally appeared here.
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules of Criminal Procedure would permit the government to obtain a warrant, in certain circumstances, to hack unspecified numbers of electronic devices anywhere in the world. Meanwhile, across the pond, the British Parliament is currently debating the Investigatory Powers Bill, which (…
Content type: News & Analysis
14th May 2019
Privacy International welcomes WhatsApp's immediate reaction after the revelation that Israeli cyber intelligence company NSO group had exploited a vulnerability in their software. We encourage all WhatsApp users to update their app as soon as possible. However, we believe WhatsApp needs to be much more transparent with their users. We haven't seen a notification on the app itself that would inform users about both, the bug, and the fix. The current version merely states that you can now see…
Content type: News & Analysis
21st May 2014
While the initial disclosures by Edward Snowden revealed how US authorities are conducting mass surveillance on the world's communications, further reporting by the Guardian newspaper uncovered that UK intelligence services were just as involved in this global spying apparatus. Faced with the prospect of further public scrutiny and accountability, the UK Government gave the Guardian newspaper an ultimatum: hand over the classified documents or destroy them.
The Guardian decided that having the…
Content type: Press release
12th February 2016
In response to the Investigatory Powers Tribunal (IPT) ruling today that GCHQ's hacking is lawful, we have issued the following press statement:
"We are disappointed by the IPT’s judgment today, which has found Government hacking lawful based on a broad interpretation of a law dating back to 1994, when the internet and mobile phone technology were in their infancy.
Until we brought this case, GCHQ would neither confirm nor deny that it was they were engaging in mass hacking of computers,…
Content type: Press release
8th January 2021
Today, the UK High Court has quashed a decision by the Investigatory Powers Tribunal (IPT), and ruled that section 5 of the Intelligence Services Act (ISA) 1994 does not permit the issuing of general warrants to authorise property interference and certain forms of computer hacking.
The Court referred to cases dating back to the 18th century, which demonstrate the common law’s insistence that the Government cannot search private premises without lawful authority even in the context of national…
Content type: Press release
21st November 2016
Caroline Wilson Palow, General Counsel at Privacy International
“The passage of the Investigatory Powers Act is a major blow to the privacy of people in the UK and all over the world. It sets a world-leading precedent, but not one of which the Government should be proud. Instead of reining in the unregulated mass surveillance practices that have for years been conducted in secret and with questionable legal authority, the IPA now enshrines them in law. Widespread surveillance is an antithesis…
Content type: Press release
18th March 2015
The British Government has admitted its intelligence services have the broad power to hack into personal phones, computers, and communications networks, and claims they are legally justified to hack anyone, anywhere in the world, even if the target is not a threat to national security nor suspected of any crime.
These startling admissions come from a government court document published today by Privacy International. The document was filed by the government in response to two court cases …
Content type: News & Analysis
18th June 2019
It's a big question, have you purchased a card for your local surveillance camera on Surveillance Camera Day?
Yes, Surveillance Camera Day is a real thing and happens on 20 June.
Perhaps your local community could create a bingo card to see who knows where all the local cameras are. Are there any on your local bins, how about the lampposts or a billboard?
Have you had a facial recognition van in your local community? Did you see the police helicopter crew video camera filming you…
Content type: Press release
11th February 2016
Today’s report by the Joint Committee on the Investigatory Powers Bill is the third committee report that concludes that the Home Office has failed to provide a coherent surveillance framework.
The Joint Committee on the Investigatory Powers Bill today published a 198 page report following a short consultation period between November and January. Their key findings are that:
- the definitions in the bill need much work, including a meaningful and comprehensible definition of 'data'…
Content type: News & Analysis
2nd July 2014
We have learnt a lot in the last year about the dirty games GCHQ and NSA are playing to infiltrate the networks, tools and technologies we all use to communicate. This includes forcing companies to handover their customers’ data under secret orders, and secretly tapping fibre optic cablesbetween the same companies’ data centers.
Not content with that, we know now GCHQ are targeting companies systems administrators, exploiting the routers and switches in their networks to spy on us all,…
Content type: Advocacy
1st December 2017
The powers set out in the Investigatory Powers Act are wide ranging, opaque and lacking in adequate safeguards. The Government have now published updated Draft Codes of Practice for certain parts of the Act. Unfortunately, the Codes do little to solve the Act’s problems. Instead, they add little transparency, occasionally expand powers, and undermine some of the limited safeguards in the Investigatory Powers Act. These Codes demand close scrutiny. The unusually short timeframe for the…
Content type: Long Read
10th February 2017
Introduction
A growing number of governments around the world are embracing hacking to facilitate their surveillance activities. Yet hacking presents unique and grave threats to our privacy and security. It is far more intrusive than any other surveillance technique, capable of accessing information sufficient to build a detailed profile of a person, as well as altering or deleting that information. At the same time, hacking not only undermines the security of targeted systems, but also has…
Content type: Press release
18th May 2018
In a remarkable development in Privacy International's four year legal battle against the UK Government's powers to hack phones and computers on a massive scale, the UK Supreme Court has agreed to hear the London-based charity's case in December 2018.
Privacy International's case stems from a decision by the Investigatory Powers Tribunal (a specialised court set up to hear complaints against government surveillance, including surveillance carried out by the UK intelligence agencies) finding…
Content type: Press release
9th February 2018
Privacy International and Open Rights Group have submitted a response to the Consultation on establishing a UK Privacy and Civil Liberties Board.
Content type: Press release
15th May 2019
Today, after a five year battle with the UK government, Privacy International has won at the UK Supreme Court. The UK Supreme Court has ruled that the Investigatory Powers Tribunal’s (IPT) decisions are subject to judicial review in the High Court. The Supreme Court's judgment is a major endorsement and affirmation of the rule of law in the UK. The decision guarantees that when the IPT gets the law wrong, its mistakes can be corrected.
Key point:
UK Supreme Court rules that the UK spying…
Content type: Press release
6th May 2016
Privacy International, the leading global privacy rights NGO, has today filed a Judicial Review at the UK High Court, challenging the Investigatory Powers Tribunal's (IPT) decision that the Government can issue general hacking warrants. This decision means that British intelligence agency GCHQ can continue to hack into the computers and phones of broad classes of people - including those residing in the UK. The Investigatory Powers Bill, currently being debated in Parliament, seeks to further…
Content type: Press release
18th June 2017
Please find attached a copy of the briefing along with promotional photographs with the briefing.
Privacy International has today sent top EU and UK Brexit negotiators* a briefing on their vulnerability to potential surveillance by each other, and others. Brexit negotiations are to begin today.
The global privacy rights NGO has highlighted to the negotiators the risk of sophisticated surveillance capabilities being deployed against each other and by others, and provided negotiators a Faraday…
Content type: Press release
4th November 2013
Privacy International today has filed formal complaints with the Organisation for Economic Cooperation and Development (OECD) in the UK against some of the world’s leading telecommunication companies, for providing assistance to British spy agency GCHQ in the mass interception of internet and telephone traffic passing through undersea fibre optic cables.
According to recent reports, BT, Verizon Enterprise, Vodafone Cable, Viatel, Level 3, and Interoute granted access to their fibre optic…
Content type: Press release
13th May 2014
Privacy International today filed a legal complaint demanding an end to the unlawful hacking being carried out by GCHQ which, in partnership with the NSA, is infecting potentially millions of computer and mobile devices around the world with malicious software that gives them the ability to sweep up reams of content, switch on users' microphones or cameras, listen to their phone calls and track their locations.
The complaint, filed in the UK’s Investigatory Powers Tribunal, is the first UK…
Content type: Advocacy
20th March 2015
On 20 March 2015, Privacy International and Open Rights Group submitted comments on the UK Government's draft Equipment Interference Code of Practice.
The UK has been hacking for over a decade, yet the release of the draft Code of Practice is the first time the UK intelligence services have sought public authorisation for their activities. Indeed, it is the first time the intelligence services have publicly acknowledged they engage in hacking.
Unfortunately, the draft Code of Practice is too…
Content type: Press release
4th October 2017
On 5 October 2017, Privacy International will appear before the UK Court of Appeal to continue its challenge to the British government's large scale hacking powers. The case questions the decision by the Investigatory Powers Tribunal (IPT) to sanction the UK government's power to hack broad categories of people or property without any individualised suspicion.
TIMELINE AND KEY POINTS
- Privacy International began fighting bulk government hacking in 2014 at the Investigatory Powers Tribunal…
Content type: Long Read
13th June 2013
Spy agencies have long sought to turn the technologies that improve all our lives against us. From some of the very first forms of remote communications such as telegraph cables, to modern-day means like Skype: if the spies can exploit it, they will.
And, as we’ve learnt over the last few months, the computer and mobile devices that millions of us own and carry around with us every day are no exception to this rule.
The smart phones, laptops, and devices that have changed how we communicate…
Content type: News & Analysis
6th November 2015
Despite Wednesday's publication of the Investigatory Powers Bill being trailed as world leading legislation that would balance security and privacy, what the Government is actually seeking is a mandate for mass surveillance. This is a new Snoopers' Charter and we must oppose many of its most virulent elements.
The true debate on surveillance can now begin. After years of downplaying, obscuring, and denying the Snowden revelations, the Government has finally joined the conversation about the…
Content type: Long Read
3rd December 2018
As our four year battle against the UK government’s extraordinarily broad and intrusive hacking powers goes to the Supreme Court, we are launching a new fundraising appeal in partnership with CrowdJustice.
We are seeking to raise £5k towards our costs and need your help. If we lose, the court may order us to pay for the government’s very expensive army of lawyers. Any donation you make, large or small, will help us both pursue this important case and protect the future ability of Privacy…
Content type: Long Read
12th February 2016
The Investigatory Powers Tribunal (“IPT”) today held that GCHQ hacking of computers, mobile devices and networks is lawful, wherever it occurs around the world. We are disappointed that the IPT has not upheld our complaint and we will be challenging its findings.
Our complaint is the first UK legal challenge to state-sponsored hacking, an exceptionally intrusive form of surveillance. We contended that GCHQ hacking operations were incompatible with democratic principles and human rights…
Content type: News & Analysis
13th May 2016
Last month, the UK Information Commissioner's Office announced a “private investigator crackdown”, citing concerns that private investigators were using hacking techniques to gain access to personal information.
The use of dodgy private investigators and illegal hacking by private investigators in the UK has attracted significant media attention in the wake of the phone hacking scandals, which involved the use of such private investigators by major newspapers.
The sector isn't simply confined…
Content type: News & Analysis
4th November 2014
The following piece by Privacy International Legal Officer Adriana Edmeades appeared in openDemocracy:
In 2012, Citizen Lab, a think-tank operating out of the Munk School of Global Affairs at the University of Toronto, came across evidence suggesting that Gamma International, a multinational technology corporation with offices across the world, sold a form of malware called FinFisher to Bahrain. Bahraini activists, amongst others, were seriously concerned: FinFisher gives its operator complete…
Content type: Press release
20th September 2013
Civil society organisations today called upon the members of the Human Rights Council to assess whether national surveillance laws and activities are in line with their international human rights obligations.
The Snowden revelations have confirmed that governments worldwide continue to expand their spying capabilities, at home and abroad. Widespread surveillance is being conducted in violation of individuals’ rights to privacy and free expression, and is seldom regulated by strong legal…
Content type: News & Analysis
29th May 2019
Privacy International has joined a global coalition of privacy campaigners, tech companies, and technology experts to respond to proposals by British intelligence chiefs aimed at allowing them access to encrypted messaging apps such as WhatsApp or Signal.
If implemented, the proposals would allow government authorities to force messaging platforms to silently add a law enforcement participant to a group chat or call.
Such a capability poses serious threats to cybersecurity and fundamental…
Content type: Long Read
15th May 2019
Details of case:
R (on the application of Privacy International) (Appellant) v Investigatory Powers Tribunal and others (Respondents)
[2019] UKSC 22
15 May 2019
The judgment
What two questions was the Supreme Court asked to answer?
Whether section 67(8) of RIPA 2000 “ousts” the supervisory jurisdiction of the High Court to quash a judgment of the Investigatory Powers Tribunal for error of law?
Whether, and, if so, in accordance with what principles, Parliament may by statute “oust”…