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.

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The polls are bad, but Jeremy Corbyn’s office has a secret weapon

How a shake-up of the leadership team has steadied nerves at the top of Labour. 

If polling had existed back in 1906, Jeremy Corbyn quipped at one recent strategy meeting, the Labour Party would never have got started.

As far as Labour’s direction is concerned, it is that meeting at four o’clock every Monday afternoon that matters. The people who attend it regularly are the Labour leader, his aides, the shadow home secretary, Diane Abbott, and the shadow chancellor, John McDonnell, as well as the party’s election co-ordinator, and their respective aides.

In recent weeks, the meetings have been stormy affairs, and not only because the numbers from the party’s own pollsters, BMG Research, mirror the uniformly bleak picture from the public polls. There is also concern over Karie Murphy, Corbyn’s office manager. Murphy is highly rated by Corbyn for having brought increased intensity and efficiency to the leader’s office. Corbyn often struggles to deliver bad news in person and appreciates that Murphy will intervene on his behalf.

Her intensity is not uniformly welcomed. “She could start a fight with her own reflection,” in the wry words of one friend. An argument with Jon Trickett – the Hemsworth MP whose unusual career trajectory took him from being a parliamentary aide to Peter Mandelson to the inner sanctum of Ed Miliband’s leadership and finally to the role of election co-ordinator for Corbyn – led to Trickett going on a two-week strike, recusing himself from vital meetings and avoiding any contact with Murphy.

That row eventually led to Trickett being stripped of his role and banished from the Monday meeting. Murphy had a similar turf war with the campaigns director, Simon Fletcher, which culminated in Fletcher resigning on 17 February. In a letter to staffers, he called on the party to “keep the promise” of Corbyn’s first leadership bid, a period when Fletcher was central and Murphy had yet to start working for the Labour leader.

All of which, in better political weather, would simply be part of the back-and-forth of office politics. However, set against the backdrop of unease about by-elections in Stoke-on-Trent Central and Copeland, and a series of unhelpful leaks, it adds to a sense of vulnerability around the leadership. One loyalist shadow cabinet minister calls it “the most dangerous time” for Corbyn since he was first elected leader.

Why the danger? Contrary to popular myth, the backbone of Jeremy Corbyn’s successive landslide victories was not a hard-pressed twentysomething, struggling to find a fixed job or to get a foot on the housing ladder. The shock troops of Corbynism, at least as far as the internal battle in the Labour Party went, were baby boomers. Many of them were either working in, or on early retirement from, a charity or the public sector, deeply concerned about the rightward drift of British politics and worried about the next generation.

Corbyn’s decision to whip Labour MPs in support of triggering Article 50 – the process whereby Britain will begin its exit from the European Union – was, in their eyes, a double heresy. The vote signalled acceptance that the forces of the Eurosceptic right had won on 23 June, and it conceded that visa-free travel, membership of the single market and freedom of movement are over.

None of this is automatically great news for Corbyn’s internal critics – not least because the vote on Article 50 is rare in being an issue that unites Corbyn with most Labour MPs. Yet it adds to the sense that his leadership has passed its best-before date.

Adding to the general malaise is a series of unhelpful leaks. There was a story in the Sunday Times on 12 February claiming that the leadership was road-testing possible replacements for Corbyn, and on 20 February the Mirror claimed that the Labour leadership had commissioned a poll to find out whether or not the leader should quit his post. These stories are hotly denied by the leader’s office. Some in Corbyn’s inner circle believe they are the work of Trickett, embittered at his demotion.

It is true that Corbyn is not enjoying the job as much as he once did. However, if the conversation shifts from the minutiae of Brexit to his natural terrain of the NHS and the continuing consequences of government cuts on education and the prisons service, he could quickly find himself relishing the role once more.

Corbyn retains two powerful cards. His newly energised office, under Karie Murphy, is one. Although her brisk approach has generated some public rows, the feeling in the leader’s office is that a chief of staff was needed, and Murphy has assumed that role. The media team has also grown sharper with the addition of David Prescott (son of John), Matt Zarb-Cousin and the former Momentum spokesman James Schneider.

Corbyn’s second asset is more unexpected. His rivals inside the party now fear rather than relish an immediate end to his leadership. A former shadow cabinet member splits his supporters into two groups: “idealists and ideologues – the first we can inspire and win over, the second have to be got rid of”. In their view, the idealists have not yet moved away from Corbyn enough to guarantee victory; the ideologues, for their part, will slink off as Corbyn puts the demands of his office above their interests, as he did over Article 50.

Although self-defeating panic has never been a rare commodity in the Labour Party, the settled view of Labour MPs is that their leader must be given time and space rather than hustled out of the door. There is an awareness, too, that MPs who are united in opposition to Corbyn are divided over many other issues.

So, while the inner circle’s Monday meetings might be fraught, and Labour’s current polling would have given Keir Hardie pause, Jeremy Corbyn is safe. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.

This article first appeared in the 24 February 2017 issue of the New Statesman, The world after Brexit