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Content type: Frequently Asked Questions
On 8 January 2021, the UK High Court issued a judgment in the case of Privacy International v. Investigatory Powers Tribunal. The Secretary of State for Foreign and Commonwealth Affairs and Government Communication Headquarters (GCHQ) appeared as interested parties to the case.
After our initial reaction, below we answer some of the main questions relating to the case.
NOTE: This post reflects our initial reaction to the judgment and may be updated.
Content type: News & Analysis
Today, the UK High Court has quashed a decision by the Investigatory Powers Tribunal (IPT) and held that section 5 of the Intelligence Services Act (ISA) 1994 does not permit the issue 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 national security…
Content type: Press release
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
The case stems from a 2016 decision by the Investigatory Powers Tribunal (IPT), the UK tribunal tasked with examining complaints against the UK intelligence services, that the UK government could lawfully use sweeping ‘thematic warrants’ to engage in computer hacking of thousands or even millions of devices, without any approval by a judge or individualised reasonable grounds for suspicion. Thematic warrants are general warrants covering an entire class of property, persons or conduct, such as…
Content type: Press release
Today, the European Court of Human Rights (ECtHR) has handed down a decision in a case brought by Privacy International and a coalition of internet and communications service providers and campaign groups including the Chaos Computer Club (Germany), GreenNet (UK), Jinbonet (Korea), May First/People Link (US), and Riseup (US) (the “coalition”).
The case challenges the conduct of hacking operations abroad by one of the UK’s intelligence agencies, the Government Communications…
Content type: Examples
The controversial Israeli spyware company NSO Group's US arm, Westbridge, has been trying to pitch its phone hacking software to US law enforcement agencies such as the San Diego Police Department, particularly a tool called "Phantom", which the complany claims can overcome encryption, track geolocation, withstand a factory reset, monitor apps and voice and VOIP calls, and collect passwords.
Writer: Joseph Cox
Publication: Vice
Content type: Advocacy
In December 2019 Privacy International made submissions to Police Scotland in relation to documents designed to explain to the public how cyber kiosks will work and what information will be given to victims when Police Scotland extract data from their phone.
Police Scotland rely on 'consent' to seize a phone from a victim. We believe the lack of information provided to the individual regarding extraction, examination, retention, deletion, sharing and search parameters undermines that any…
Content type: Long Read
Miguel Morachimo, Executive Director of Hiperderecho. Hiperderecho is a non-profit Peruvian organisation dedicated to facilitating public understanding and promoting respect for rights and freedoms in digital environments.
The original version of this article was published in Spanish on Hiperderecho's website.
Where does our feeling of insecurity come from? As we walk around our cities, we are being observed by security cameras most of the time. Our daily movement, call logs, and internet…
Content type: News & Analysis
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…
Content type: News & Analysis
One of the UK’s largest telecommunications operators, BT, has said to Privacy International that a report claiming it “co-produces malware” with a surveillance company for the GCHQ is inaccurate – but hasn’t said why or given any more details.
The accusation was made by C5IS – a shadowy online publication claiming to be “the most widely read source of information on surveillance technologies”. In its Big Black Book of Electronic Surveillance, it claims that SS8, a…
Content type: News & Analysis
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…
Content type: Long Read
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…
Content type: Press release
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: News & Analysis
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: Long Read
Imagine that every time you want to attend a march, religious event, political meeting, protest, or public rally, you must share deeply personal information with police and intelligence agencies, even when they have no reason to suspect you of wrongdoing.
First, you need to go to the police to register; have your photo taken for a biometric database; share the contacts of your family, friends, and colleagues; disclose your finances, health records, lifestyle choices, relationship status, and…
Content type: News & Analysis
Federal law enforcement is deploying powerful computer hacking tools to conduct domestic criminal and immigration investigations.
By Alex Betschen, Student Attorney, Civil Liberties & Transparency Clinic, University at Buffalo School of Law
Hacking by the government raises grave privacy concerns, creating surveillance possibilities that were previously the stuff of science fiction. It also poses a security risk, because hacking takes advantage of unpatched vulnerabilities in our…
Content type: Press release
FOR IMMEDIATE RELEASE
December 21, 2018
CONTACTS:
Alex Betschen, Civil Liberties & Transparency Clinic, [email protected], 716–531–6649
Colton Kells, Civil Liberties & Transparency Clinic, [email protected], 585–766–5119
Abdullah Hasan, ACLU, [email protected], 646–905–8879
NEW YORK — Privacy International, the American Civil Liberties Union, and the Civil Liberties & Transparency Clinic of the University at Buffalo School of Law filed a lawsuit today…
Content type: Long Read
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…
Content type: News & Analysis
Privacy International notes a recent ruling issued by Italy’s Supreme Court (Corte di Cassazione) that addresses the need to limit government hacking powers for surveillance purposes and articulates required safeguards when hacking is conducted as part of a criminal investigation.
The ruling addresses the appeals of several individuals involved in a case of corruption; the appeals challenge irregularities in the collection of data as part of the criminal investigation, which resulted in the…
Content type: News & Analysis
This piece was originally published on Just Security.
Ten years ago, an FBI official impersonated an Associated Press reporter to lure and track a teenager suspected of sending in prank bomb threats to his school. To find him, the FBI agent, posing as a reporter, sent the teenager links to a supposed story he was working on, but the links were infested with malware that once clicked on quickly exposed the teen’s location. More recently, the FBI has seized and modified websites so…
Content type: Advocacy
Privacy and security are both essential to protecting individuals, including their autonomy and dignity. Undermining privacy undermines the security of individuals, their devices and the broader infrastructure. People need privacy to freely secure themselves, their information, and fully enjoy other rights.
A growing number of governments around the world are embracing hacking to facilitate their surveillance activities. When governments hack for surveillance purposes, they seek to…
Content type: Advocacy
Introduction
Why We Are So Concerned about Government Hacking for Surveillance
Scope of Our Safeguards
1. Legality
2. Security and Integrity of Systems
3. Necessity and Proportionality
4. Judicial Authorisation
5. Integrity of information
6. Notification
7. Destruction and Return of Data
8. Oversight and Transparency
9. Extraterritoriality
10. Effective Remedy
Commentary on each
1. Legality
2. Security and Integrity of Systems
3. Necessity and Proportionality
4.…
Content type: Press release
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: Long Read
If you operate an internet company in Russia, you aren’t necessarily surprised to one day open the door to someone, grasping in one hand a bundle of wires and in the other a letter from a government agency demanding access to your servers, with a black box wedged under one arm.
Internet companies in Russia are required by law to store the content of users’ communications for six months and the metadata of users’ communications for three years, essentially meaning that what a person does…
Content type: Examples
In June 2016, National Security Agency deputy director Richard Ledgett told a conference on military technology conference that the agency was researching whether internet-connected biomedical devices such as pacemakers could be used to collect foreign intelligence. Ledgett identified the complexity of the Internet of Things as both a security nightmare and an opportunity for signals intelligence. However, the NSA prioritises its resources by focusing solely on technology used by its opponents…
Content type: Examples
In 2015, the Canadian Department of National Defence issued a procurement request for a contractor who could find "vulnerabilities and security measures" in a 2015 pick-up truck whose model and make were not specified and "develop and demonstrate exploits" for the military. The contractor was to find as many exploits as possible by analysing every part of the truck, demonstrate that the hacks could actually hurt someone or enable an attacker to gather information, and deliver explicit source…
Content type: Advocacy
On 6 March 2018, Privacy International participated in an interactive dialogue with the UN Special Rapporteur on the right to privacy at the 37th Ordinary Session of the Human Rights Council in Geneva. We highlighted the growing trend of governments embracing hacking to facilitate their surveillance activities, and recommended the development of a human rights analysis of government hacking for surveillance purposes, with the view to forming specific…
Content type: Explainer
What is the Global Surveillance Industry?
Today, a global industry consisting of hundreds of companies develops and sells surveillance technology to government agencies around the world. Together, these companies sell a wide range of systems used to identify, track, and monitor individuals and their communications for spying and policing purposes. The advanced powers available to the best equipped spy agencies in the world are being traded around the world. It is a…
Content type: Press release
Privacy International and Open Rights Group have submitted a response to the Consultation on establishing a UK Privacy and Civil Liberties Board.