British Prism: committee repost is " spin -cycle whitewash"
A recent court decision in the US stands in contrast to the British Committee's "whitewash."
US orders release of justification for spying |
Court tells government to publish legal basis for Prism programme's warrantless monitoring of millions of communications
A US court has ordered the Obama administration to declassify a 2008 court decision justifying the Prism spying programme revealed last month by whistleblower Edward Snowden.
The ruling, issued earlier this week, will show how the state has legally justified its covert data collection programmes under the Foreign Intelligence Surveillance Act.
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Prism: committee urges review of legal framework for electronic surveillance
Intelligence and security committee also confirms GCHQ's use of NSA Prism surveillance material for first time
Parliament's intelligence and security committee has called for a review of the UK legal framework governing electronic surveillance and questioned whether it is adequate to police the technical capabilities of the intelligence agencies in the internet age.
The committee, confirming Britain's use of the Prism surveillance material for the first time, said it had reviewed a list of UK nationals or residents who had been subject to monitoring as a result of the sharing arrangement with the US National Security Agency (NSA). The committee members also saw the warrants under which the individuals were targeted.
The committee (ISC) issued a statement on Wednesday morning clearing the Government Communications Headquarters (GCHQ) of illegal conduct in its access to the US Prism programme, which gave American intelligence a window on the daily communications of millions of people around the world.
It concluded: "It has been alleged that GCHQ circumvented UK law by using the NSA's Prism programme to access the content of private communications. From the evidence we have seen, we have concluded that this is unfounded."
However, the committee added under the heading "next steps" that, "it is proper to consider whether the current statutory framework governing access to private communications remains adequate".
The committee – chaired by the Conservative MP and former defence and foreign secretary Sir Malcolm Rifkind – said it was "examining the complex interaction between the Intelligence Services Act, the Human Rights Act and the Regulation of Investigatory Powers Act [Ripa], and the policies and procedures that underpin them, further."
NSA documents seen by the Guardian showed that "special programmes for GCHQ exist for focused Prism processing" and that the British agency had generated 197 intelligence reports from Prism in the year to May 2012.
The documents, leaked by the NSA whistleblower Edward Snowden, also showed that legal constraints designed for an era in which electronic surveillance involved attaching crocodile clips to copper telephone wires had not been updated for an age in which fibre-optic cables carry the traffic of millions of internet users.
In one 2011 presentation, a GCHQ legal adviser told NSA analysts: "We have a light oversight regime compared with the US."
Under a little known clause in the Ripa statute, GCHQ is permitted to collect vast amounts of data under a single warrant or a special certificate issued by the foreign secretary.
William Hague, the current foreign secretary, issued a statement welcoming the intelligence and security committee's report.
"I see daily evidence of the integrity and high standards of the men and women of GCHQ. The ISC's findings are further testament to their professionalism and values," Hague said.
But Shami Chakrabarti, director of Liberty, said: "The painfully careful words of the ICS's report clear absolutely nothing up. There's nothing to allay fears that industrial amounts of personal data are being shared under the Intelligence Services Act and concerns that all UK citizens are subject to blanket surveillance under GCHQ's Tempora programme aren't even mentioned. This spin-cycle is marked 'whitewash'."
posted by Satish Sharma at
03:05
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