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Re: GCHQ's surveillance, drone assassinations and being an accessory to murder

By: Cactus Flower in ALEA | Recommend this post (0)
Wed, 29 Jan 14 7:08 PM | 377 view(s)
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Msg. 15170 of 54959
(This msg. is a reply to 15169 by Cactus Flower)

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"The advice warns:

• Ripa does not allow mass interception of contents of communications between two people in the UK, even if messages are routed via a transatlantic cable.

• The interception of bulk metadata – such as phone numbers and email addresses – is a "disproportionate interference" with article 8 of the ECHR.

• The current framework for the retention, use and destruction of metadata is inadequate and likely to be unlawful.

• If the government knows it is transferring data that may be used for drone strikes against non-combatants in countries such as Yemen and Pakistan, that is probably unlawful.

• The power given to ministers to sanction GCHQ's interception of messages abroad "is very probably unlawful"."

http://www.theguardian.com/uk-news/2014/jan/28/gchq-mass-surveillance-spying-law-lawyer


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The above is a reply to the following message:
GCHQ's surveillance, drone assassinations and being an accessory to murder
By: Cactus Flower
in ALEA
Wed, 29 Jan 14 7:04 PM
Msg. 15169 of 54959

Whoopsidaisy.

"GCHQ's mass surveillance spying programmes are probably illegal and have been signed off by ministers in breach of human rights and surveillance laws, according to a hard-hitting legal opinion that has been provided to MPs.

The advice warns that Britain's principal surveillance law is too vague and is almost certainly being interpreted to allow the agency to conduct surveillance that flouts privacy safeguards set out in the European convention on human rights (ECHR).

The inadequacies, it says, have created a situation where GCHQ staff are potentially able to rely "on the gaps in the current statutory framework to commit serious crime with impunity".

At its most extreme, the advice raises issues about the possible vulnerability of staff at GCHQ if it could be proved that intelligence used for US drone strikes against "non-combatants" had been passed on or supplied by the British before being used in a missile attack.

"An individual involved in passing that information is likely to be an accessory to murder. It is well arguable, on a variety of different bases, that the government is obliged to take reasonable steps to investigate that possibility," the advice says."

http://www.theguardian.com/uk-news/2014/jan/28/gchq-mass-surveillance-spying-law-lawyer


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