A Modern Spy Novel: A License to Snoop
April 29, 2024
This essay is the work of a dumb dinobaby. No smart software required.
“UK’s Investigatory Powers Bill to Become Law Despite Tech World Opposition” reports the Investigatory Powers Amendment Bill or IPB is now a law. In a nutshell, the law expands the scope of data collection by law enforcement and intelligence services. The Register, a UK online publication, asserts:
Before the latest amendments came into force, the IPA already allowed authorized parties to gather swathes of information on UK citizens and tap into telecoms activity – phone calls and SMS texts. The IPB’s amendments add to the Act’s existing powers and help authorities trawl through more data, which the government claims is a way to tackle “modern” threats to national security and the abuse of children.
Thanks, Copilot. A couple of omissions from my prompt, but your illustration is good enough.
One UK elected official said:
“Additional safeguards have been introduced – notably, in the most recent round of amendments, a ‘triple-lock’ authorization process for surveillance of parliamentarians – but ultimately, the key elements of the Bill are as they were in early versions – the final version of the Bill still extends the scope to collect and process bulk datasets that are publicly available, for example.”
Privacy advocates are concerned about expanding data collections’ scope. The Register points out that “big tech” feels as though it is being put on the hot seat. The article includes this statement:
Abigail Burke, platform power program manager at the Open Rights Group, previously told The Register, before the IPB was debated in parliament, that the proposals amounted to an “attack on technology.”
Several observations:
- The UK is a member in good standing of an intelligence sharing entity which includes Australia, Canada, New Zealand, and the US. These nation states watch one another’s activities and sometimes emulate certain policies and legal frameworks.
- The IPA may be one additional step on a path leading to a ban on end-to-end-encrypted messaging. Such a ban, if passed, would prove disruptive to a number of business functions. Bad actors will ignore such a ban and continue their effort to stay ahead of law enforcement using homomorphic encryption and other sophisticated techniques to keep certain content private.
- Opportunistic messaging firms like Telegram may incorporate technologies which effectively exploit modern virtual servers and other technology to deploy networks which are hidden and effectively less easily “seen” by existing monitoring technologies. Bad actors can implement new methods forcing LE and intelligence professionals to operate in reaction mode. IPA is unlikely to change this cat-and-mouse game.
- Each day brings news of new security issues with widely used software and operating systems. Banning encryption may have some interesting downstream and unanticipated effects.
Net net: I am not sure that modern threats will decrease under IPA. Even countries with the most sophisticated software, hardware, and humanware security systems can be blindsided. Gaffes in Israel have had devastating consequences that an IPA-type approach would remedy.
Stephen E Arnold, April 29, 2024
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