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We will summarise any arguments or constructive criticism of the Government proposals which get posted here into our response to this Public Consultation
COMPLAINTS paras 12.1 to 12.2
Copyright, Designs and Patents Act 1988
Official Secrets Act 1989- widely abused by the Government to selectively leak information, a couple of "not guilty" cases throw this law into doubt.
Computer Misuse Act 1990 completely out of date with regard to the internet.
Intelligence Services Act 1994
Data Protection Act 1998 very wide Exemptions for "the prevention and detection of crime" etc. Deliberately budget limited enforcement by the Information Commissioner
Human Rights Act 1998 - very wide Exemptions for "national secuirty" or "public health" etc.
Public Interest Disclosure Act 1998 - limited protection for some whistleblowers under employment law. Government whilstleblowers still persecuted.
Electronic Communications Act 2000 - legalises the uses of DIgital Signatures on electronic communications, almost toally ignored by Government subsequently.
Freedom of Information Act 2000 - huge number of Exemptions used by the Sir Humphreys to evade the spirit of transparency and open government.
Regulation of Investigatory Powers Act 2000 - . Warrants etc. signed by politicians or policemen, not by independent Judges. Secretive Commissioners who only audit the processes and try not to deal with public complaints. Part III powers about Encrypted data still not in force, even though penalties are being increased. No protection against snooping by private individuals or companies. Covers the entire electromagnetic spectrum ip to cosmic rays and beyond, "inside the UK" and "outside the UK" i.e. all electomagnetic energy in the entire universe.
Terrorism Act 2000 - Overbroad definition of terrorism, including "is designed seriously to interfere with or seriously to disrupt an electronic system". "Thought crimes" for the possession of a document or data file which may be of some use to a terrorist, even if you wrote it yourself, or if you have never read it. Very widely abused and ineffective against actual attacks powers of "stop and search".
Private Security Industry Act 2001 - Some Security Guards. Nightclub Bouncers , but what about IT Security Consultants ?
Anti-Terrorism, Crime and Security Act 2001 - hodge podge of ineffective measures panicked into law after September 11th 2001 attacks. Detention without charge of foreign terrorist suspects, now overturned.
Amends Terrorism Act 2000 to include offence of not informing, even on members of your own family, about suspected terrorists. Communications Data Retention code of practice delayed by several years. Noxious substance hoaxes include "all natural" and "all man made" substances i.e. all matter in the entire universe, "thought crime" of "creating an impression in someone's mind", anywhere in the world. Dubious "protection" of making it illegal to detonate a nuclear weapon in the UK, "without permission". Third Pillar Data Sharing with other EU Governments. Data sharing between UK Government departments.
Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002
Proceeds of Crimes Act 2002 - Assets Recovery Agency can now consfiscate money and property from suspected criminals, without any criminal convictions or court order.
Communications Act 2003 - regulates the telecomms, internet and radio and tv broadcasting, also the use of the Radio Spectrum e.g. ISM licence free RFID tags or WiFi networks
Crime (International Co-operation) Act 2003
Criminal Justice Act 2003 - innocent people's DNA and Fingerprint retention etc.
Sexual Offences Act 2003 Voyerurism offence applies in limited circumstances to CCTV spy cameras etc. and various changes in the law regarding child porn.
Children Act 2004 - database on 12 million Children and their parents. Destruction of the common law duty of confidentiality between professional advisors and clients.
Human Tissue Act 2004 - DNA tissue sample retention and analysis without consen. No regulation of other genetic analysis techniques
Civil Contingencies Act 2004 - Henry VIII style Emergency Powers have the full force of any Act or the Royal Prerogative. Seizure and destruction of property without compensation etc. State of Emergency by (oral) Order, "in the opinion" of a Minister - more power than Hitler's "Enabling Act" of 1933. No exemptions for constitutional Acts of Parliament, but "all Ministers are deemed to always act reasonably".
Prevention of Terrorism Act 2005 - Control Orders, house arrest, secret allegations, no habeas corpus, no freedom of assembly. Also applies to British citizens, not just foreigners. By Order of a politician, not an independent Judge.
Serious Organised Crime and Police Act 2005 - all offences made arrestable, Designated Area around Parliament restricting demonstrations without prior written permission from the Police. More powers for fingerprint and tissue samples.
Identity Cards Act 2006 re-introduced on 25th May 2005 - just as bad as the previous versions - it is the Centralised Biometric Database and Audit Trail which is so evil and unecessary.
Terrorism Act 2006 - deeply flawed, vague and catch all, claims worldwide jurisdiction, life sentence for (undefined) "acts preparatory to terrorism", various vague indirect incitement or glorification offences, censorship of websites, criminalisation of libraries and COSHH health and safety literature Amendments to RIPA 2000 further reducing public accountability and increasing penalties on Part III encrypted data offences which have still not yet been brought into force after 5 years
Legislative and Regulatory Reform Bill 2006 - repeal, amend, replace any legislation by Order with no constitutional safeguards - like the Civil Contingecies Act, but with even fewer safeguards e.g. can amend Human Rights act or be used to modify itself
Police and Justice Bill 2006 - includes an inept attempt to amend the Computer Misuse Act - bigger penalties, for uneforceable, vague, dual use, offences. The reform of the CMA deserves its own separate Bill to deal with the complexity of IT security in the internet age, not 3 clauses at the end of a complex Bill.
Safeguarding Vulnerable Groups Bill 2006 - in theory to protect children etc,. but this creates a "banning infrastructure" and even more "red tape" bureaucracy that could be used to target, say, political or religous opponents. Huge potential security and privacy problems with the planned "instant online checks".
UK Commissioners some of whom are meant to protect your privacy and investigate abuses by the bureaucrats.
UK Public CCTV Surveillance Regulation Campaign
NO2ID Campaign - cross party opposition to the NuLabour Compulsory Biometric ID Card and National Identity Register centralised database.
ASBO Concern - is a campaigning alliance of organisations and individuals who are concerned about the abuse of NuLabour's Anti Social Behaviour Orders.
Anti-terrorism hotline 0800 789 321 free and confidential - use 999 or 112 to report immediate threats.
Encrypted MI5 web response form NuLabour's "Climate of Fear" is not the same as the real fight against terror.
Secret Intelligence Service (MI6) recruitment.
Serious Organisesd Crime Agency - have cut themselves off from direct contact with the public and businesses - no phone - no email
Gary McKinnon is facing extradition to the USA under the controversial
Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.
Parliament Protest blog - resistance to the Designated Area resticting peaceful demonstrations or lobbying in the vicinity of Parliament.
Data Retention is No Solution
Petition to the European Commission and European Parliament against their vague Data Retention plans.
Save Parliament - Legislative and Regulatory Reform Bill (and other issues)
Open Rights Group
Renew For Freedom - renew your Passport in 2006.
Tor - the onion routing network - "Tor aims to defend against traffic analysis, a form of network surveillance that threatens personal anonymity and privacy, confidential business activities and relationships, and state security. Communications are bounced around a distributed network of servers called onion routers, protecting you from websites that build profiles of your interests, local eavesdroppers that read your data or learn what sites you visit, and even the onion routers themselves."
Tor makes heavy use of SSL/TLS encrypted tunnels and Digital Signatures, which are mostly ephemeral, and cannot be revealed by an end user, even if they wanted to, or were ordered to.