The "snooper's charter" showed just what the Government is capable of

The proposed "Filter" programme would have been a vast step up in terms of the state's ability to spy on its citizens.

Surveillance technology is of two main types – equipment that keeps tabs on you in the physical world, and processes that track your activity “online” where computers keep a record of your communications and your financial activity.

The physical world is reasonably straightforward to understand. For instance, large numbers of CCTV cameras are installed in public and private spaces in the UK and recordings are kept of what they see. The cameras may be fixed, or a remote operator may be able to choose where they point and how much they zoom in. Newer systems can produce high quality material to enable precise identification of individuals and may also capture audio to accompany the pictures.

“Online” tracking can be equally revealing of people’s actions and movements. Mobile phones continuously interact with nearby cell towers so that incoming calls can be delivered. The phone companies are obliged to retain data about the location of a phone whenever a call is made or received, but if your phone is powered up then they have access to your location at all times and can provide this to law enforcement in real time if this is required.

The records that telephone companies (both fixed line and mobile) keep can be rapidly interrogated to provide lists of calls made from any particular phone, or to any particular phone. These lists will also include the duration of the call and the physical location of the endpoints. Call records can be identified either by the phone number or the phone's unique IMEI device identifier – permitting the tracing of phone activity even when the SIM has been changed.

When interaction is by email instead of by phone then the authorities can still get lists of who is communicating with whom. The email provider is obliged (if they are within the European Union) to keep records of who email was sent to or from, along with timestamp information and exactly how large each email was. Once again, law enforcement regularly requests lists of this email metadata, which can be indexed by sender or receiver.

So far, all of the surveillance and tracking systems have been considered in isolation. One of the provisions of the draft Communications Data Bill was the creation of a data correlation system dubbed a “Filter”. This system would combine enormous amounts of data from different systems, hoping to identify activity that would not have been apparent within a single system.

It is fundamentally inherent to this proposal that Filter data should be collected on everyone’s activity and that this data should be made available en masse from the private companies, the ISPs and telephone companies that provide services, to government systems for the correlation processing. The data won’t necessarily be physically combined on a single system (in fact it would be poor engineering to do this) but it will be logically combined. The original collectors of the data will not have any knowledge of what it is being used for, or possibly even how much data is being processed, so there will be no opportunity for whistle-blowing should excesses occur.

This integrated processing promises to make it much harder for criminals to communicate over a diversity of systems and thereby avoid being tracked – records of phone calls, emails and tweets could be easily combined. But the system’s capabilities go much further than that and the type of “big data” system envisaged will be capable of complex data mining tasks.

To take a fictional example from Charlie Brooker’s National Anthem, the source of a YouTube upload could be identified by the uniqueness of its size and timing; or, closer to real life, the source of an embarrassing leak could be identified by cross-correlating records to pick out exactly who in Whitehall sent out an email whose reception by a journalist triggered an immediate call to the relevant newspaper editor.

The trade-off for these new insights into criminal activity is that more information must be automatically collected about everyone (“just in case”), it must be stored for long periods, measured in years, and it must be handed over to the government operated filter for processing with the inherent assumption that the processing will be necessary, proportionate and authorised. There is tremendous scope for misusing such a system; a police state would relish the opportunity of correlating data on everyone out on the streets for a demonstration, everyone gathering in groups behind closed doors – or just collating a list of everyone who passed on an email containing a subversive joke. The complexity and secrecy of the proposed “Filter” system will make it extremely challenging to ensure that misuse, or just simple “mission creep”, does not occur.

This is an extract of a longer chapter on the technologies of surveillance in from Open Rights Group’s Digital Surveillance report which offers less intrusive alternatives to the Communications Data Bill, or "Snoopers’ Charter", which Nick Clegg blocked last week.

Photograph: Getty Images

Dr Richard Clayton is a security researcher at the University of Cambridge. He has acted as a specialist adviser for Select Committees of both the Lords and Commons in various inquiries into Internet security topics.

Photo: Getty Images/AFP
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Is Yvette Cooper surging?

The bookmakers and Westminster are in a flurry. Is Yvette Cooper going to win after all? I'm not convinced. 

Is Yvette Cooper surging? The bookmakers have cut her odds, making her the second favourite after Jeremy Corbyn, and Westminster – and Labour more generally – is abuzz with chatter that it will be her, not Corbyn, who becomes leader on September 12. Are they right? A couple of thoughts:

I wouldn’t trust the bookmakers’ odds as far as I could throw them

When Jeremy Corbyn first entered the race his odds were at 100 to 1. When he secured the endorsement of Unite, Britain’s trade union, his odds were tied with Liz Kendall, who nobody – not even her closest allies – now believes will win the Labour leadership. When I first tipped the Islington North MP for the top job, his odds were still at 3 to 1.

Remember bookmakers aren’t trying to predict the future, they’re trying to turn a profit. (As are experienced betters – when Cooper’s odds were long, it was good sense to chuck some money on there, just to secure a win-win scenario. I wouldn’t be surprised if Burnham’s odds improve a bit as some people hedge for a surprise win for the shadow health secretary, too.)

I still don’t think that there is a plausible path to victory for Yvette Cooper

There is a lively debate playing out – much of it in on The Staggers – about which one of Cooper or Burnham is best-placed to stop Corbyn. Team Cooper say that their data shows that their candidate is the one to stop Corbyn. Team Burnham, unsurprisingly, say the reverse. But Team Kendall, the mayoral campaigns, and the Corbyn team also believe that it is Burnham, not Cooper, who can stop Corbyn.

They think that the shadow health secretary is a “bad bank”: full of second preferences for Corbyn. One senior Blairite, who loathes Burnham with a passion, told me that “only Andy can stop Corbyn, it’s as simple as that”.

I haven’t seen a complete breakdown of every CLP nomination – but I have seen around 40, and they support that argument. Luke Akehurst, a cheerleader for Cooper, published figures that support the “bad bank” theory as well.   Both YouGov polls show a larger pool of Corbyn second preferences among Burnham’s votes than Cooper’s.

But it doesn’t matter, because Andy Burnham can’t make the final round anyway

The “bad bank” row, while souring relations between Burnhamettes and Cooperinos even further, is interesting but academic.  Either Jeremy Corbyn will win outright or he will face Cooper in the final round. If Liz Kendall is eliminated, her second preferences will go to Cooper by an overwhelming margin.

Yes, large numbers of Kendall-supporting MPs are throwing their weight behind Burnham. But Kendall’s supporters are overwhelmingly giving their second preferences to Cooper regardless. My estimate, from both looking at CLP nominations and speaking to party members, is that around 80 to 90 per cent of Kendall’s second preferences will go to Cooper. Burnham’s gaffes – his “when it’s time” remark about Labour having a woman leader, that he appears to have a clapometer instead of a moral compass – have discredited him in him the eyes of many. While Burnham has shrunk, Cooper has grown. And for others, who can’t distinguish between Burnham and Cooper, they’d prefer to have “a crap woman rather than another crap man” in the words of one.

This holds even for Kendall backers who believe that Burnham is a bad bank. A repeated refrain from her supporters is that they simply couldn’t bring themselves to give Burnham their 2nd preference over Cooper. One senior insider, who has been telling his friends that they have to opt for Burnham over Cooper, told me that “faced with my own paper, I can’t vote for that man”.

Interventions from past leaders fall on deaf ears

A lot has happened to change the Labour party in recent years, but one often neglected aspect is this: the Labour right has lost two elections on the bounce. Yes, Ed Miliband may have rejected most of New Labour’s legacy and approach, but he was still a protégé of Gordon Brown and included figures like Rachel Reeves, Ed Balls and Jim Murphy in his shadow cabinet.  Yvette Cooper and Andy Burnham were senior figures during both defeats. And the same MPs who are now warning that Corbyn will doom the Labour Party to defeat were, just months ago, saying that Miliband was destined for Downing Street and only five years ago were saying that Gordon Brown was going to stay there.

Labour members don’t trust the press

A sizeable number of Labour party activists believe that the media is against them and will always have it in for them. They are not listening to articles about Jeremy Corbyn’s past associations or reading analyses of why Labour lost. Those big, gamechanging moments in the last month? Didn’t change anything.

100,000 people didn’t join the Labour party on deadline day to vote against Jeremy Corbyn

On the last day of registration, so many people tried to register to vote in the Labour leadership election that they broke the website. They weren’t doing so on the off-chance that the day after, Yvette Cooper would deliver the speech of her life. Yes, some of those sign-ups were duplicates, and 3,000 of them have been “purged”.  That still leaves an overwhelmingly large number of sign-ups who are going to go for Corbyn.

It doesn’t look as if anyone is turning off Corbyn

Yes, Sky News’ self-selecting poll is not representative of anything other than enthusiasm. But, equally, if Yvette Cooper is really going to beat Jeremy Corbyn, surely, surely, she wouldn’t be in third place behind Liz Kendall according to Sky’s post-debate poll. Surely she wouldn’t have been the winner according to just 6.1 per cent of viewers against Corbyn’s 80.7 per cent. 

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.