-Caveat Lector-

http://www.observer.co.uk/Print/0,3858,4099838,00.html

Secret plan to spy on all British phone calls

Kamal Ahmed, political editor
Sunday December 3, 2000
The Observer

Britain's intelligence services are seeking powers to seize all records of
telephone calls, emails and internet connections made by every person living in
this country.

A document circulated to Home Office officials and obtained by The Observer
reveals that MI5, MI6 and the police are demanding new legislation to log every
phone call made in this country and store the information for seven years at a
vast government-run 'data warehouse', a super computer that will hold the
information.

The secret moves, which will cost millions of pounds, were last night condemned
by politicians and campaigners as a sinister expansion of 'Big Brother' state
powers and a fundamental attack on the public's right to privacy.

Last night, the Home Office admitted that it was giving the plans serious
consideration.

Lord Cope, the Conservative peer and a leading expert on privacy issues, said:
'We are sympathetic to the need for greater powers to fight modern types of
crime. But vast banks of information on every member of the public can quickly
slip into the world of Big Brother. I will be asking serious questions about
this.' Maurice Frankel, a leading campaigner on per sonal data issues, called
the powers 'sweeping' and a cause for worry.

The document, which is classified 'restricted', says new laws are needed to
allow the intelligence services, Customs and Excise and the police access to
telephone and computer records of every member of the public.

It suggests that the Home Office is sympathetic to the new powers, which would
be used to tackle the growing problems of cybercrime, the use of computers by
paedophiles to run child pornography rings, as well as terrorism and
international drug trafficking.

Every telephone call made and received by a member of the public, all emails
sent and received and every web page looked at would be recorded.

Calls made on mobile phones can already be pinpointed geographically, as can
those made from land lines. The police would be able to use 'trawling' computer
techniques to look through millions of telephone and email records. Campaigners
say innocent people could have such highly personal information
accessed.

The document admits the moves are controversial and could clash with the Human
Rights Act, which gives people a right to privacy, European Union law and the
Data Protection Act, which protects the public against official intrusion into
private lives.

The office of the Data Protection Commissioner, Elizabeth France, has already
expressed 'grave concerns' .

'A clear legislative framework needs to be agreed as a matter of urgency,' says
the document, which is dated 10 August and is thought to have been sent to Home
Office Minister Charles Clarke.

'Why should data be retained? In the interests of justice, to preserve and
protect data for use as evidence to establish proof of innocence or guilt. For
intelligence and evidence gathering purposes, to maintain the effectiveness of
UK law enforcement, intelligence and security agencies to protect society.'

The document is written by Roger Gaspar, the deputy director-general of the
National Criminal Intelligence Service, the Government agency that oversees
criminal intelligence in the United Kingdom. Gaspar, as head of intelligence for
NCIS, is one of the most powerful and influential men in the field.

The report says it is written 'on behalf of Acpo [the Association of Chief
Police Officers], HM Customs and Excise, security service, secret intelligence
service and GCHQ [the Government's secret listening centre based at
Cheltenham]'.

Gaspar argues telephone companies should be ordered to retain all records of
phone calls and internet access.

At the moment many telephone and internet service providers keep data for as
little as 24 hours.

'In the interests of verifying the accuracy of data specifically provided for
either intelligence or evidential purposes, CSPs [communication service
providers such as telephone or internet companies] should be under an obligation
to retain the original data supplied for a period of seven years or for as long
as the prosecuting authority directs,' the document says.

'Informal discussions have taken place with the office of the data protection
commissioner. Whilst they acknowledge that such communications data may be of
value to the work of the agencies and the interests of justice they have grave
reservations about longer term data retention.' The document says the new data
warehouse would be run along similar lines to the National DNA Database for
profiles of known criminals.

It would cost about £3 million to set up and £9m a year to run.

The report demands that the Government 'should be prepared to defend our
position'.

A spokesman for NCIS refused to be drawn on the report. 'I am not going to
comment on a classified document that is in unauthorised hands,' he said.

Meanwhile a Home Office spokesman said it had received the proposals and was
considering them.

Guardian Unlimited © Guardian Newspapers Limited 2000

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