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.

Getty
Show Hide image

Is defeat in Stoke the beginning of the end for Paul Nuttall?

The Ukip leader was his party's unity candidate. But after his defeat in Stoke, the old divisions are beginning to show again

In a speech to Ukip’s spring conference in Bolton on February 17, the party’s once and probably future leader Nigel Farage laid down the gauntlet for his successor, Paul Nuttall. Stoke’s by-election was “fundamental” to the future of the party – and Nuttall had to win.
 
One week on, Nuttall has failed that test miserably and thrown the fundamental questions hanging over Ukip’s future into harsh relief. 

For all his bullish talk of supplanting Labour in its industrial heartlands, the Ukip leader only managed to increase the party’s vote share by 2.2 percentage points on 2015. This paltry increase came despite Stoke’s 70 per cent Brexit majority, and a media narrative that was, until the revelations around Nuttall and Hillsborough, talking the party’s chances up.
 
So what now for Nuttall? There is, for the time being, little chance of him resigning – and, in truth, few inside Ukip expected him to win. Nuttall was relying on two well-rehearsed lines as get-out-of-jail free cards very early on in the campaign. 

The first was that the seat was a lowly 72 on Ukip’s target list. The second was that he had been leader of party whose image had been tarnished by infighting both figurative and literal for all of 12 weeks – the real work of his project had yet to begin. 

The chances of that project ever succeeding were modest at the very best. After yesterday’s defeat, it looks even more unlikely. Nuttall had originally stated his intention to run in the likely by-election in Leigh, Greater Manchester, when Andy Burnham wins the Greater Manchester metro mayoralty as is expected in May (Wigan, the borough of which Leigh is part, voted 64 per cent for Brexit).

If he goes ahead and stands – which he may well do – he will have to overturn a Labour majority of over 14,000. That, even before the unedifying row over the veracity of his Hillsborough recollections, was always going to be a big challenge. If he goes for it and loses, his leadership – predicated as it is on his supposed ability to win votes in the north - will be dead in the water. 

Nuttall is not entirely to blame, but he is a big part of Ukip’s problem. I visited Stoke the day before The Guardian published its initial report on Nuttall’s Hillsborough claims, and even then Nuttall’s campaign manager admitted that he was unlikely to convince the “hard core” of Conservative voters to back him. 

There are manifold reasons for this, but chief among them is that Nuttall, despite his newfound love of tweed, is no Nigel Farage. Not only does he lack his name recognition and box office appeal, but the sad truth is that the Tory voters Ukip need to attract are much less likely to vote for a party led by a Scouser whose platform consists of reassuring working-class voters their NHS and benefits are safe.
 
It is Farage and his allies – most notably the party’s main donor Arron Banks – who hold the most power over Nuttall’s future. Banks, who Nuttall publicly disowned as a non-member after he said he was “sick to death” of people “milking” the Hillsborough disaster, said on the eve of the Stoke poll that Ukip had to “remain radical” if it wanted to keep receiving his money. Farage himself has said the party’s campaign ought to have been “clearer” on immigration. 

Senior party figures are already briefing against Nuttall and his team in the Telegraph, whose proprietors are chummy with the beer-swilling Farage-Banks axis. They deride him for his efforts to turn Ukip into “NiceKip” or “Nukip” in order to appeal to more women voters, and for the heavy-handedness of his pitch to Labour voters (“There were times when I wondered whether I’ve got a purple rosette or a red one on”, one told the paper). 

It is Nuttall’s policy advisers - the anti-Farage awkward squad of Suzanne Evans, MEP Patrick O’Flynn (who famously branded Farage "snarling, thin-skinned and aggressive") and former leadership candidate Lisa Duffy – come in for the harshest criticism. Herein lies the leader's almost impossible task. Despite having pitched to members as a unity candidate, the two sides’ visions for Ukip are irreconcilable – one urges him to emulate Trump (who Nuttall says he would not have voted for), and the other urges a more moderate tack. 

Endorsing his leader on Question Time last night, Ukip’s sole MP Douglas Carswell blamed the legacy of the party’s Tea Party-inspired 2015 general election campaign, which saw Farage complain about foreigners with HIV using the NHS in ITV’s leaders debate, for the party’s poor performance in Stoke. Others, such as MEP Bill Etheridge, say precisely the opposite – that Nuttall must be more like Farage. 

Neither side has yet called for Nuttall’s head. He insists he is “not going anywhere”. With his febrile party no stranger to abortive coup and counter-coup, he is unlikely to be the one who has the final say.