The Guardian, 8 November 2015
The new surveillance bill renders the citizen transparent to the state, putting every one of us under suspicion. It would serve a tyranny well
When the Home Office and intelligence agencies began promoting the idea that the new investigatory powers bill was a “climbdown”, I grew suspicious. If the powerful are forced to compromise they don’t crow about it or send out press releases – or, in the case of intelligence agencies, make off-the-record briefings outlining how they failed to get what they wanted. That could mean only one thing: they had got what they wanted.
So why were they trying to fool the press and the public that they had lost? Simply because they had won.
I never thought I’d say it, but George Orwell lacked vision. The spies have gone further than he could have imagined, creating in secret and without democratic authorisation the ultimate panopticon. Now they hope the British public will make it legitimate.
This bill is characterised by a clear anti-democratic attitude. Those in power are deemed to be good, and are therefore given the benefit of the doubt. “Conduct is lawful for all purposes if …” and “A person (whether or not the person so authorised or required) is not to be subject to any civil liability in respect of conduct that …”: these are sections granting immunity to the spies and cops.
The spies’ surveillance activities are also exempt from legal due process. No questions can be asked that might indicate in any legal proceeding that surveillance or interception has occurred. This is to ensure the general public never learn how real people are affected by surveillance. The cost of this exemption is great. It means British prosecutors can’t prosecute terrorists on the best evidence available – the intercepts – which are a key part of any prosecution in serious crime cases worldwide.
Those without power – eg citizens (or the more accurately named subjects) – are potentially bad, and (more…)