Britain's new law could force security researchers and college professors to help GCHQ break into computer networks

in government •  7 years ago 

Britain's new electronic surveillance act, named the Investigatory Powers Act and known as The Snooper's Charter, is so vaguely worded that experts worry government officials can order techies to spy for them.

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Britain's government is not exactly settling fears, either. In a vague response to a citizen's specific concerns, the Home Office admitted that yes, under the law they can compel cooperation:

Section 190 of the IPA allows equipment interference authorities to require the assistance of any person in giving effect to a bulk equipment interference warrant (section 126 of the Act provides for this in the context of targeted equipment interference warrants). A warrant can only be served on a person whom the equipment interference authority considers may be capable of providing the assistance required by the warrant. In some circumstances equipment interference agencies and other persons will work co-operatively together, without the need to serve a warrant.

Simon Clubley, a reader of The Register and the citizen who submitted the questions to the Home Office, outlines the concerns that led him to pose the questions in the first place:

If you are a security researcher in the UK and the government finds out you have discovered a vulnerability, then it appears you can be forced against your will to hand over your research to GCHQ. It also appears that if you then still try to warn the vendor after being served a warrant, the government can prosecute you.

This interpretation is supported by another expert, Professor Woodward, a computer science researcher:

"Once a vulnerability is known about, I think your reader is correct in that anyone could be served with a warrant," Prof Woodward said. "In essence, I think this would oblige a researcher to turn over the information they have in order to assist with bulk equipment interference – theoretically this can include a researcher overseas.

But there is nothing to fear! According to the Home Office, while anyone can be served with a warrant to cooperate, only a "telecommunications operator" can be compelled to assist.

So why would the government pass a law with provisions that are unenforceable? Clubley explains:

The only conclusion I have been able to reach is that the government knew it would never get a law passed which compelled everyone to cooperate with GCHQ, so they are instead relying on the actual act of serving a warrant to intimidate people into cooperating. This leaves the government free to shop around, serving warrants on multiple experts, until they find one they can intimidate into working with them.

Read more:

UK surveillance law raises concerns security researchers could be 'deputised' by the state

Can GCHQ order techies to work as govt snoops? Experts fear: 'Yes'

Investigatory Powers Act 2016

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