The Electronic Frontier Foundation's Legal Director Cindy Cohn was in the UK for the launch of the Snooper's Charter (AKA the Draft Communications Data Bill), and she provides some much-needed global context on the totalitarian slide of the United Kingdom.
This isn’t the first time that an Executive has seized the general authority to search through the private communications and papers without individualized suspicion. To the contrary, the United States was founded in large part on the rejection of “general warrants” – papers that gave the Executive (then the King) unchecked power to search colonial Americans without cause. The Fourth Amendment was adopted in part to stop these “hated writs” and to make sure that searches of the papers of Americans required a probable cause showing to a court. Indeed, John Adams noted that “the child Independence was born,” when Boston merchants unsuccessfully sued to stop these unchecked powers, then being used by British customs inspectors seeking to stamp out smuggling.
The current warrantless surveillance programs on both sides of the Atlantic return us to the policies of King George III only with a digital boost. In both, our daily digital “papers” — including intimate information such as who we are communicating with, what websites we visit (which of course includes what we’re reading) and our locations as we travel around with our cell phones — are collected and subjected to some sort of datamining. Then we’re apparently supposed to trust that no one in government will ever misuse this information, that the massive amounts of information about us won’t be subject to leak or attack, and that whatever subsequent measures are put into place to government access to it by various government agencies will be sufficient to protect our privacy and ensure due process, fairness and security.
UK Mass Surveillance Bill: The Return of a Bad Idea
A reminder: the Open Rights Group is running national workshops on how to talk to your MP about this, and there's a petition you can sign.
Purvi Patel was the first woman in America to be convicted of “feticide”—a euphemism for abortion—and jailed 20 years after suffering a miscarriage that prosecutors claim was induced by illegally-procured drugs. The feticide conviction was quashed today by an appeals court, but it affirmed the felony conviction for “neglect of a dependent.” The appeals court […]
Dramatis personae: Denver Fenton Allen, a murder defendant. Bryan Durham, a Superior Court judge. And everyone watching in the peanut gallery-cum-courthouse in Rome, Ga., when things got fiery in Floyd County.
Before Theresa May became Prime Minister of the UK, she was the Pry Minister of the UK, the principle proponent of the Snoopers Charter, a sweeping domestic surveillance bill that the European Court of Justice’s Advocate General has just found to be excessive under EU law.
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