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Privacy Security United Kingdom

British Spies Are Free To Target Lawyers and Journalists 184

Advocatus Diaboli writes British spies have been granted the authority to secretly eavesdrop on legally privileged attorney-client communications, according to newly released documents. On Thursday, a series of previously classified policies confirmed for the first time that the U.K.'s top surveillance agency Government Communications Headquarters has advised its employees: "You may in principle target the communications of lawyers." The country's other major security and intelligence agencies—MI5 and MI6—have adopted similar policies, the documents show. The guidelines also appear to permit surveillance of journalists and others deemed to work in "sensitive professions."
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British Spies Are Free To Target Lawyers and Journalists

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  • by Anonymous Coward on Friday November 07, 2014 @05:46AM (#48332611)

    Anybody at all?

    The purpose of a government under crony capitalism is to ease the flow of cash toward those prepared to offer kick-backs.

    People who are highly talented in very narrow fields - thus unable to analyse the bigger picture - are employed as civil servants to facilitate this.

    Whence GCHQ, NSA, etc.

    • by ShanghaiBill ( 739463 ) on Friday November 07, 2014 @10:11AM (#48333737)

      Anybody at all?

      I am not surprised that they are doing it, but I am surprised that they are publicly admitting it. They have been spying on lawyers and journalists for a long time. What is changing, is that now they are publicly stating that they do so. For anyone who justifies this by saying that spies are separate from prosecutors, and this is okay as long as it doesn't influence court cases: There are already cases where spies have fed info to prosecutors that they collected by spying on attorney-client communications. There is no slippery slope here. We are already at the bottom.

      • by fustakrakich ( 1673220 ) on Friday November 07, 2014 @12:21PM (#48334785) Journal

        ...I am surprised that they are publicly admitting it.

        Why? They know that nobody cares, in fact the public wants more to *feel safe*. These people can rape your mother on national TV and still win an election. They don't have to hide anything anymore. The election results verify that every time. How to counter that should be the target of discussion. Then a solution to all these other issues will emerge.

      • Re: (Score:2, Insightful)

        by Anonymous Coward

        I think this is what you are looking for:

        The Old Government response: We cannot confirm nor deny that we were involved in such activity.
        The New Government response: Yeah. We did it. What the fuck are you gonna do about it, peasant. Piss off, or we'll label you a terrorist too.

    • Our allies can legally spy on your meeting with your lawyer, and then they can tell the relevant government what they learned. Same as with spying on the general population, we can't do it but our allies can do it and tell us all about it.

      At some point maybe we should start being concerned that the government is treating the Constitution as a hostile document to be worked around.

  • by Anonymous Coward on Friday November 07, 2014 @05:47AM (#48332615)

    Hardly anyone will notice one right removed at a time.

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      They just turned the pot of water we're all in up another degree

  • by Anonymous Coward on Friday November 07, 2014 @05:55AM (#48332631)

    There can be no defense of this. This is the government engaging in totalitarianism as standard practice. There cannot possibly be a moral or ethical defense of this practice.

    • Re: (Score:2, Insightful)

      by N1AK ( 864906 )

      There can be no defense of this. This is the government engaging in totalitarianism as standard practice. There cannot possibly be a moral or ethical defense of this practice.

      I'm conflicted. On the one hand my initial response was like yours. Yet on the other I don't see why, if you were trying to stop a serious threat, spies shouldn't be able to monitor these communications in principle, with some clear restrictions:
      1/ If the information gathered by spying was specifically barred from being used in court

      • by Thanshin ( 1188877 ) on Friday November 07, 2014 @06:39AM (#48332763)

        Yet on the other I don't see why, if you were trying to stop a serious threat, spies shouldn't be able to monitor these communications in principle, with some clear restrictions:

        Because we have been proven over and over again, incapable of defining "serious threat".

        Therefore, virtually everything can be identified as a "serious threat" and any law that requires that identification is ineffective.

        It's as saying on a law "you can only do this if you believe you're right.". It's as unacceptable as a CEO justifying himself with "at the moment I thought it was the correct course of action." The obvious answer on the latter case "well, it was your job not to be wrong" should be applied to government monitoring.

        So, the law should replace "if it's believed to be a serious threat" with "if it later proves to be a serious threat.". And if later we prove it wasn't a serious threat, well, tough luck, you are governing a country, you are expected not to make mistakes and to pay for those you make.

        • The problem with your qualifier is that if they do not discover something that can be made to qualify as a serious threat, most of the time no one will ever know they were monitoring the communication. The "serious threat" they find may have no connection to what they were looking for, but if they will face significant punishment for failing to find one, they will find one.
      • by Anonymous Coward on Friday November 07, 2014 @06:45AM (#48332779)

        ad 1) Parallel construction

        Grandparent is 100% correct. It is totalitarianism. The communication of lawyers and journalists is protected for a reason. You can not protect civil rights by giving them up. Lawyers and journalists ARE checks and balances!

      • by gl4ss ( 559668 )

        1) would be pointless, since the point of the spying is supposedly to catch enemies of the state and people etc and to prosecute them in court.

        2) would not be like this, since it involve oversight.

        3) again, it would not be like this since it would involve oversight.

        -------------

        but really, this is just a result from the decision that there should be people who can do anything because they're special people because they work for the government - or rather, they become the government due to being special peop

        • by jythie ( 914043 )
          Sad thing is, while I can not speak for the UK, the people I have met and known in the US who work for institutions like the NSA, CIA, RSO, FBI, etc, are generally good people who honestly do mean well, but are stuck in institutional problems where perspectives and priorities, not to mention wagon circling, can turn their good intentions into bad results.

          It is kinda like LEO in general, lots of really great individuals who honestly want to do good and care about stopping bad people from doing bad things, b
          • Law enforcement agents are kind of like people of Islamic faith. It only takes a small percentage to get people looking askance at the whole group, since most of the time it's hard to tell which are members of that small percentage.
      • ...I don't see why, if you were trying to stop a serious threat, spies shouldn't be able to monitor these communications in principle, with some clear restrictions:
        1/ If the information gathered by spying was specifically barred from being used in court

        This would still allow for 'fruits of the poison tree' attacks in court, assumin the Brit system has this concept.

        2/ If additional authority had to be granted by the judiciary for the act
        3/ If there were clear checks and balances in place to deal with abuse.

        I have absolutely NO trust in a governent and judiciary that would allow such eavesdropping in the first place, to use "additional authority" wisely and fairly, nor to put in plae and maintain "checks and balances" with any integrity. Once exceptions like this are allowed, it's a steep slippery slope towards totalitarianism.

        Totally off topic for a moment, is it just me, or is Dice finally starti

      • 1/ If the information gathered by spying was specifically barred from being used in court

        This would help if court were the only place it could hurt you. It isn't, so it won't.

        2/ If additional authority had to be granted by the judiciary for the act

        This would help if the judiciary weren't part of the problem. They are, so it won't.

        3/ If there were clear checks and balances in place to deal with abuse.

        This would help if it ever helped, but as long as a system can be abused, it will be, so it won't.

      • Not acceptable (Score:5, Insightful)

        by sjbe ( 173966 ) on Friday November 07, 2014 @08:32AM (#48333133)

        Yet on the other I don't see why, if you were trying to stop a serious threat

        What serious threat are you stopping by spying on the communications of journalists and lawyers? We protect the professional actions of those groups for VERY good reasons. Reasons which far outweigh any information that might be gleaned from violating their confidential relationship. If a client cannot trust their communications to be confidential between themselves and their lawyer then there is no possible way for them to have a fair trial.

        1/ If the information gathered by spying was specifically barred from being used in court

        You don't need to involve a court to ruin someone's life. See Guantanamo Bay. Plenty of evidence there that would be inadmissible but the government is keeping people locked up indefinitely without charge or any opportunity to seek redress.

        2/ If additional authority had to be granted by the judiciary for the act

        Which results in a rubber stamp kangaroo court like the FISA court.

        3/ If there were clear checks and balances in place to deal with abuse.

        Checks and balances require a separate party with equal power. No such entity exists if actions like these are perfectly legal.

      • I'm conflicted. On the one hand my initial response was like yours. Yet on the other I don't see why, if you were trying to stop a serious threat, spies shouldn't be able to monitor these communications in principle, with some clear restrictions:

        Firstly we have the perennial problem that the security services are allowed to spy on anyone with very little oversight. If they want to spy on someone they should be required to get a court order, and that court order should be made public so that everyone can see what they are doing. If the court order cannot be immediately made public for legitimate security reasons then it should be made public as soon as possible (i.e. certainly within a year, preferably sooner). Furthermore, information gathering

      • by jythie ( 914043 )
        I think much of it comes down to weighing the risks. The idea behind these rule are, as you point out, an attempt to deal with a class of serious threat where if the rules were not in place the risk of that threat would increase to unacceptable levels. However these rules also create or encourage other serious threats. Proper oversight should help balance these, but historically the people doing this balancing are effected by one set of consequences but not the other and thus lack the perspective to pro
        • by N1AK ( 864906 )
          I agree, which is why I said I could see why in principle allowing this makes sense but in practice it should be opposed because we're crap at controlling abuses of laws like this. That said, I doubt it matters at this point. If they couldn't admit to doing it, they'd still do it and just find a way to keep it secret instead.
      • Yet on the other I don't see why, if you were trying to stop a serious threat, spies shouldn't be able to monitor these communications in principle, with some clear restrictions:

        Because the government derives it powers from the people and there are well defined limits on its power? People are not the chattel of government to do with as they please when they please though I fear that the UK and Australia have already reached that point.

    • by jythie ( 914043 )
      On the other hand, it does open up the moral argument that other professions are free to target spies. Intelligence in general is a 'sensitive profession', so if morally they can violate other's in order to do their job, I do not see why the inverse should not also be true. Otherwise they would simply be creating rules that benefit their institution but not others!
  • Why so shocked? (Score:3, Insightful)

    by Anonymous Coward on Friday November 07, 2014 @06:01AM (#48332641)

    Seriously? After all the wide spread surveillance operations blown open this year, how is this surprising?

    Here is my predicted response:

    Public outcry
    Politician wagles finger at agency,
    agency waggles finger at signed blessing from politician,
    politician shrugs at public
    public, licks KFC grease off lips
    nothing happens

    Welcome to your new system of government.

    • Welcome to your new system of government.

      New?

      Oh, you mean after feudalism?

    • People in the UK don't eat KFC, do they?

  • The part concerned by these news in bold. Everything else left uncut because Sun Tzu.

    The Use Of Spies

    1. Raising a host of a hundred thousand men and marching them great distances entails heavy loss on the people and a drain on the resources of the State.

    The daily expenditure will amount to a thousand ounces of silver. There will be commotion at home and abroad, and men will drop down exhausted on the highways.

    As many as seven hundred thousand families will be impeded in their labor.

    2. Hostile armies may face each other for years, striving for the victory which is decided in a single day.

    This being so, to remain in ignorance of the enemy's condition simply because one grudges the outlay of a hundred ounces of silver in honors and emoluments, is the height of inhumanity.

    3. One who acts thus is no leader of men, no present help to his sovereign, no master of victory.

    4. Thus, what enables the wise sovereign and the good general to strike and conquer, and achieve things beyond the reach of ordinary men, is foreknowledge.

    5. Now this foreknowledge cannot be elicited from spirits; it cannot be obtained inductively from experience, nor by any deductive calculation.

    6. Knowledge of the enemy's dispositions can only be obtained from other men.

    7. Hence the use of spies, of whom there are five classes: (1) Local spies; (2) inward spies; (3) converted spies; (4) doomed spies; (5) surviving spies.

    8. When these five kinds of spy are all at work, none can discover the secret system. This is called "divine manipulation of the threads." It is the sovereign's most precious faculty.

    9. Having local spies means employing the services of the inhabitants of a district.

    10. Having inward spies, making use of officials of the enemy.

    11. Having converted spies, getting hold of the enemy's spies and using them for our own purposes.

    12. Having doomed spies, doing certain things openly for purposes of deception, and allowing our spies to know of them and report them to the enemy.

    13. Surviving spies, finally, are those who bring back news from the enemy's camp.

    14. Hence it is that which none in the whole army are more intimate relations to be maintained than with spies.

    None should be more liberally rewarded. In no other business should greater secrecy be preserved.

    15. Spies cannot be usefully employed without a certain intuitive sagacity.

    16. They cannot be properly managed without benevolence and straightforwardness.

    17. Without subtle ingenuity of mind, one cannot make certain of the truth of their reports.

    18. Be subtle! be subtle! and use your spies for every kind of business.

    19. If a secret piece of news is divulged by a spy before the time is ripe, he must be put to death together with the man to whom the secret was told.

    20. Whether the object be to crush an army, to storm a city, or to assassinate an individual, it is always necessary to begin by finding out the names of the attendants, the aides-de-camp, and door-keepers and sentries of the general in command. Our spies must be commissioned to ascertain these.

    21. The enemy's spies who have come to spy on us must be sought out, tempted with bribes, led away and comfortably housed. Thus they will become converted spies and available for our service.

    22. It is through the information brought by the converted spy that we are able to acquire and employ local and inward spies.

    23. It is owing to his information, again, that we can cause the doomed spy to carry false tidings to the enemy.

    24. Lastly, it is by his information that the surviving spy can be used on appointed occasions.

    25. The end and aim of spying in all its five varieties is knowledge of the enemy; and this knowledge can only be derived, in the first instance, from the converted spy.

    Hence it is essential that the converted spy be treated with the utmost liberality.

    26. Of old, the rise of the Yin dynasty was due to I Chih who had served under the Hsia. Likewise, the rise of the Chou dynasty was due to Lu Ya who had served under the Yin.

    27. Hence it is only the enlightened ruler and the wise general who will use the highest intelligence of the army for purposes of spying and thereby they achieve great results. Spies are a most important element in water, because on them depends an army's ability to move.

    • by Anonymous Coward on Friday November 07, 2014 @06:05AM (#48332657)

      If fighting is sure to result in victory, then you must fight!

      Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor.

      Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat.

      And then he beat the crap out of every single one.

      And from that day forward any time a bunch of animals are together in one place it's called a 'zoo'!

      • If fighting is sure to result in victory, then you must fight!

        Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor.

        Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat.

        And then he beat the crap out of every single one.

        And from that day forward any time a bunch of animals are together in one place it's called a 'zoo'!

        OMG what are you on and do you have enough to share?

        • by heypete ( 60671 )

          If fighting is sure to result in victory, then you must fight!

          Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor.

          Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat.

          And then he beat the crap out of every single one.

          And from that day forward any time a bunch of animals are together in one place it's called a 'zoo'!

          OMG what are you on and do you have enough to share?

          It's from Team Fortress 2's "Meet the Soldier [youtube.com]" trailer.

  • I'll wager that big foot is found before any nation allows free speech. How is it that people have any faith in the notion of rights when nonsense like spying on lawyers and journalists is tolerated?
  • Sadly, democracy is dead. We no longer have a government that represents the people. We no longer have a state that adheres to the principles that guided our ascent from feudal rule. Another system will come but first these hegemonists will create a world in which they believe we will cling to their heels as they rape us by night. Instead they will multiply fear and inequity until they too become powerless. As has happened before, we'll slowly pick up the pieces. Or, maybe we'll wake up first...
  • by gweihir ( 88907 ) on Friday November 07, 2014 @07:40AM (#48332951)

    ... for those that still had some doubts. GCHQ is a totalitarian institution, and an enemy of freedom and common decency. This is no surprise, any government agency will always grab all power it can get and use it. Governments need to be kept under control by the citizens, or they always devolve into totalitarianism. That is one of the reasons secret laws _must_ be avoided at all cost. Sadly, the UK population is deeply asleep at the wheel. They will pay an excessively high price for their failure.

  • I am certain that most of those guys are ISIS sleeper agents! They need to spy on all of them heavily!

  • by sjbe ( 173966 ) on Friday November 07, 2014 @08:40AM (#48333203)

    If you violate lawyer client privilege you remove someone's ability to get a fair trial.
    If you violate doctor patient privilege you endanger public health as well as potentially the health of that person.
    If you violate journalist source relationships you enable corruption by the state.

    We protect these relationships because any minor benefit to the state achieved by violating the sanctity and trust in these relationships has follow on consequences that endanger the well being of a democratic society. Public health, fair trials, government accountability. All these things are kept in check in large part because we protect certain relationships between professionals and the groups they work with.

  • Surely they should only target lawyers if the lawyers themselves were criminals ... oh wait!
  • I'm actually surprised, because I thought the only rule for intelligence agencies was :
    "Do what the fuck you want, but don't get caught."
    It's pretty obvious they target everybody, especially people holding potentially sensitive information (e.g. lawyers and journalists).
    I don't understand the need for such a policy, and I understand even less the need to disclose it.

  • You may in principle target the communications of lawyers. However, you must give careful consideration to necessity and proportionality, because lawyer-client communications are subject to special protection in UK law on grounds of confidentiality known as Legal Professional Privilege. If you intend to or have inadvertently targeted lawyers' communications, and it seems likely that advice to a client will or has been intercepted, you must consult Legal at GCHQ who will seek LA advice. Further information i

    • In other words, despite the summary saying "British spies have been granted the authority to secretly eavesdrop on legally privileged attorney-client communications", the actually released documents say almost exactly the opposite.

      British spies explictly do not have, by default, the authority to target the communications of lawyers, and even if they were granted authority, legally privileged attorney-client communications are explicitly barred from their access, being excised from transcripts by audio analy

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