FacebookTwitterGoogle+RedditEmail

Hidden Browsing Histories: Theresa May and the Snooper’s Charter

by

“‘Trust Me’ might be just the most manipulative thing a politician can say. It means leave me alone in secret to operate without proper challenge.”

— Tom Watson, UK Deputy Labour Leader, Dec 18, 2015

Many government policies are advertised as useful for broader safety – till they are reversed to apply to the very officials who create them. The UK Home Secretary is very much of that school. Readers will be aware what Theresa May has done her invaluably bit to undermine privacy on the broader pretext of protecting security.

Central to this is the Home Office’s insistence on the Investigatory Powers Bill that seemingly insists on more intrusion than investigation. The bill, in rather futile fashion, will compel phone and web companies to retain records of every citizen for at least a year, providing a data pool which police and security services could access when required. The legislation goes further, enrolling the relevant service providers in a pseudo-police role that will override encryption if needed.

May has found herself having to sugar coat the bill with some decent premise, and has decided to go the cyberbullying card, a view she outlined to South Suffolk MP James Cartlidge.

The tactic is standard: if people are misbehaving on the internet, those on facilitating its use should be made responsible for moral behaviour. Accordingly, “Internet connection records would update the capability of law enforcement in a criminal investigation to determine the sender and recipient of a communication, for example, a malicious message such as those exchanged in cyberbullying.”

The response by The Independent has been an attempt to pull the history of Theresa May’s browsing history for the last week of October, a freedom of information request that purposely excludes any information directly concerned with security matters.

What is good for the goose of inquiry is also grand for the gander placed under the scrutinising eye of the state. In short, if you are going to be equal before the law, then by golly even ministers should have their browsing history on the internet made available for the public gaze.

Not so, according to the Home Office. The FOI request has been dismissed as vexatious. In other words, the request was dismissed on grounds of an action “brought without sufficient grounds for winning, purely to cause annoyance to the defendant.”

The Home Office’s response, drawing upon section 14(1) of the Act, insisted that the department had “decided that your request is vexatious because it places an unreasonable border on the department, because it has adopted a scattergun approach and seems solely designed for the purpose of fishing for information without any idea of what might be revealed.”

The response provides a suitable template for critics of the surveillance state, if only because it demonstrates the hopeless rationale for the entire metadata retention regime. If the request by The Independent was, by its nature, scattergun, one could hardly assume that the security state’s behaviour in this regard is anything but scattergun.

This legal excuse remains one of the least convincing in the area of information law. It is, however, used repeatedly by states who have freedom of information regimes, providing slivers when asked, but generally withholding the bulk of what is deemed too sensitive for release.

The point is often the same: we will have a regime to allow information for the public precisely because we are intent on disallowing much of it. Regulation, in other words, is constriction, measured in the name of protecting that great, inscrutable fiction known as the public interest. You are kept in the dark because ignorance is necessary bliss.

In the case of the Home Office, there could be few things more fundamentally vexatious than a metadata retention regime premised on the nonsense of combating trolls and bullies on the world wide web.

The efforts on the part of The Independent have at least demonstrated to British citizens that this regime has other purposes, managing to get some egg onto the faces of Home Office officials. It is by no means the only quarter targeting the potential consequences of the bill. Labour’s Deputy Leader Tom Watson has argued that the bill’s supposed self-guarding mechanisms and oversight simply do not go far enough in protecting privacy.

In Watson’s mind, there was merely a “very limited review of the Home Secretary’s warrants by a judge appointed by a Commissioner who is appointed by the prime minister.” It was a “false choice to say that these massive extensions of state power must be introduced without checks and balances.”

Apple’s CEO Tim Cook finds its provisions similarly repellent for privacy. “We believe it would be wrong,” went a company statement, “to weaken security for hundreds of millions of law-abiding customers so that it will also be weaker for the very few who pose a threat.” Given this government’s supposed love of the corporate sector, big business and all, David Cameron and his Home Secretary have their work sharply cut out for them.

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com

More articles by:

CounterPunch Magazine

minimag-edit

Weekend Edition
August 26, 2016
Friday - Sunday
Andrew Stewart
Did Gore Throw the 2000 Election?
William Hughes
From Sam Spade to the Red Scare: Dashiell Hammett’s War Against Rightwing Creeps
Raouf Halaby
Dear Barack Obama, Please Keep it at 3 for 3
Charles R. Larson
Review: Paulina Chiziane’s “The First Wife: a Tale of Polygamy”
August 25, 2016
Mike Whitney
The Broken Chessboard: Brzezinski Gives Up on Empire
Paul Cox – Stan Cox
The Louisiana Catastrophe Proves the Need for Universal, Single-Payer Disaster Insurance
John W. Whitehead
Another Brick in the Wall: Children of the American Police State
Lewis Evans
Genocide in Plain Sight: Shooting Bushmen From Helicopters in Botswana
Daniel Kovalik
Colombia: Peace in the Shadow of the Death Squads
Sam Husseini
How the Washington Post Sells the Politics of Fear
Ramzy Baroud
Punishing the Messenger: Israel’s War on NGOs Takes a Worrying Turn
Norman Pollack
Troglodyte Vs. Goebbelean Fascism: The 2016 Presidential Race
Simon Wood
Where are the Child Victims of the West?
Roseangela Hartford
The Hidden Homeless Population
Mark Weisbrot
Obama’s Campaign for TPP Could Drag Down the Democrats
Rick Sterling
Clintonites Prepare for War on Syria
Yves Engler
The Anti-Semitism Smear Against Canadian Greens
August 24, 2016
John Pilger
Provoking Nuclear War by Media
Jonathan Cook
The Birth of Agro-Resistance in Palestine
Eric Draitser
Ajamu Baraka, “Uncle Tom,” and the Pathology of White Liberal Racism
Jack Rasmus
Greek Debt and the New Financial Imperialism
Robert Fisk
The Sultan’s Hit List Grows, as Turkey Prepares to Enter Syria
Abubakar N. Kasim
What Did the Olympics Really Do for Humanity?
Renee Parsons
Obamacare Supporters Oppose ColoradoCare
Alycee Lane
The Trump Campaign: a White Revolt Against ‘Neoliberal Multiculturalism’
Edward Hunt
Maintaining U.S. Dominance in the Pacific
George Wuerthner
The Big Fish Kill on the Yellowstone
Jesse Jackson
Democrats Shouldn’t Get a Blank Check From Black Voters
Kent Paterson
Saving Southern New Mexico from the Next Big Flood
Arnold August
RIP Jean-Guy Allard: A Model for Progressive Journalists Working in the Capitalist System
August 23, 2016
Diana Johnstone
Hillary and the Glass Ceilings Illusion
Bill Quigley
Race and Class Gap Widening: Katrina Pain Index 2016 by the Numbers
Ted Rall
Trump vs. Clinton: It’s All About the Debates
Eoin Higgins
Will Progressive Democrats Ever Support a Third Party Candidate?
Kenneth J. Saltman
Wall Street’s Latest Public Sector Rip-Off: Five Myths About Pay for Success
Binoy Kampmark
Labouring Hours: Sweden’s Six-Hour Working Day
John Feffer
The Globalization of Trump
Gwendolyn Mink – Felicia Kornbluh
Time to End “Welfare as We Know It”
Medea Benjamin
Congress Must Take Action to Block Weapon Sales to Saudi Arabia
Halyna Mokrushyna
Political Writer, Daughter of Ukrainian Dissident, Detained and Charged in Ukraine
Manuel E. Yepe
Tourism and Religion Go Hand-in-Hand in the Caribbean
ED ADELMAN
Belted by Trump
Thomas Knapp
War: The Islamic State and Western Politicians Against the Rest of Us
Nauman Sadiq
Shifting Alliances: Turkey, Russia and the Kurds
Rivera Sun
Active Peace: Restoring Relationships While Making Change
FacebookTwitterGoogle+RedditEmail