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Re:UK mass digital surveillance regime ruled unlawful by turc1656 on Tuesday January 30, 2018 @08:17AM (#16264971)
"Yet again a UK court has ruled the government’s extreme mass surveillance regime unlawful. This judgement tells ministers in crystal clear terms that they are breaching the public’s human rights."

So the question then remains...where are the handcuffs?! I ask this question constantly when it comes to government wrongdoing and there is almost never anyone charged with anything. If the government has been acting in a manner that has been found in a court of law to violate human rights, then multiple people should be going to jail.

Before you drop the "well now we know for sure - we shouldn't be punitive and punish people who thought they were doing their job properly" crap, think about this. Whenever the government applies a law in a new and untested way against a civilian the case is watched very closely and if that civilian is found guilty they never get the benefit of the "well it's been settled and now we know" argument and get let off lightly. So I argue the same should apply here. The government has grossly violated the rights of citizens on a mass scale and everyone at the top of the food chain involved in these programs should be rotting in a jail cell.

Re:UK mass digital surveillance regime ruled unlawful by lucozade on Tuesday January 30, 2018 @09:55AM (#16265729)
> Yet again a UK court has ruled the government’s extreme mass surveillance regime unlawful

Except that's not what happened. Not legally anyway. What happened is that the Court of Appeal ruled that a Parliamentary Act did not contain sufficient safeguards to be compliant with the Human Rights Act.

So there's, at least, 2 problems you've got. One is that it's not, technically, government legislation. It's the Crown's legislation as enacted by Parliament. Secondly, and slightly less importantly, the Court of Appeal isn't the final arbiter here. One can either argue that it's the European Court of Justice or, and this is where it gets fun, Parliament.

Now, you can of course make a case for banging the Queen away. It's not like that hasn't been tried in the past with some of her predecessors. Or you could make a cases for locking up some or all of both Houses of Parliament. Or they could enact an amendment to correct the problem.

Of course, if it turns out that anyone was actually affected by the legislation as it stands then that should be dealt with as a matter of urgency. While the internet happily chunters on.

Re:UK mass digital surveillance regime ruled unlawful by jstanley on Tuesday January 30, 2018 @11:18AM (#16266477)
> Of course, if it turns out that anyone was actually affected by the legislation as it stands then that should be dealt with as a matter of urgency.

How do you decide whether "anyone was actually affected" by ISPs storing as much browsing data as they can? Doesn't that affect either everyone or noone depending on whether you think it matters? And if it matters, does it not affect everyone? What can you possibly do about that retroactively?

Re:UK mass digital surveillance regime ruled unlawful by blowski on Tuesday January 30, 2018 @01:03PM (#16267384)
If Shirley lost £1,000,000 and a body part as a result of the ISP’s actions, she’s affected more than somebody who’s merely annoyed and feels their human rights have been breached.
Re:UK mass digital surveillance regime ruled unlawful by hoopladler on Wednesday January 31, 2018 @07:32PM (#16278826)
The point about surveilance is it doesn't effect anyone, until it does - and then everybody gets arrested in the night. We're just a couple of decades out of the twentieth century - and if the more bloody-handed of the last century's regimes had today's databases, they would have been far worse.
Re:UK mass digital surveillance regime ruled unlawful by 794CD01 on Tuesday January 30, 2018 @01:08PM (#16267418)
They could give everyone a year of free credit monitoring.
Re:UK mass digital surveillance regime ruled unlawful by pbhjpbhj on Tuesday January 30, 2018 @11:59AM (#16266859)
Is this perhaps where the monarchy having no real power falls down - Parliament is Her Majesty's, if her Parliament fails to abide by her laws then she should act, she didn't even need to use the courts, she should really just have the relevant persons held "at Her Majesty's pleasure" ... the only problem there is the complete breakdown of democracy and the rule of law ...

The MPs have failed to dutifully carry out her wishes, assuming she wanted the HR laws to be followed, Parliament makes the laws but it is Her Maj that - in our pseudo-democracy actually decides to implement them.

Heads on spikes.

Re:UK mass digital surveillance regime ruled unlawful by pwtweet on Tuesday January 30, 2018 @12:44PM (#16267210)
ECJ already ruled against the UK on this issue and because they did Tom Watson was able to apply to the UK courts (CoA) for a review of the legislation.
Re:UK mass digital surveillance regime ruled unlawful by mtgx on Tuesday January 30, 2018 @10:26AM (#16265994)
The ECJ has ruled less awful laws than this to be invalid under the fundamental charter of rights. I wouldn't be worried about them. It's the UK courts you have to worry about when deciding such cases, especially when the UK doesn't even have a constitution and they kind of play it by ear.
Re:UK mass digital surveillance regime ruled unlawful by richmarr on Tuesday January 30, 2018 @11:39AM (#16266664)
> especially when the UK doesn't even have a constitution

Yeah we do. British Constitution is ace. https://en.wikipedia.org/wiki/British_Constitution_(solitair...

Oh, if you meant the government thingy no, we kinda accept that stuff changes... which I think is more useful than holding any one thing as particularly holy and untouchable. The US has got its knickers in a proper twist with all that "money is speech" "what the framers intended was" stuff. It's fetishised. Your 21st amendment even repeals the 18th amendment, what's the point?

Re:UK mass digital surveillance regime ruled unlawful by koenigdavidmj on Tuesday January 30, 2018 @12:06PM (#16266904)
By your own admission, the UK is driven by expediency. The state can do essentially whatever they want, as long as they have a Really Important Reason. Get rid of jury trials for northern Ireland for a few years, because it's cheaper than properly protecting juries? No problem!

The American constitution exists to say that there are some things the government ought not do, even if it makes their job harder, and that if you truly must do those things, you have to convince more than 51% of the country that it's okay. Californian cities can take their own people's guns away, but it is not their place to take them away from rural Kansas, where a cop is an hour away at best. You have to have at least minimal evidence that somebody did something before you can ransack their house.

I readily grant that our current practice is to play silly games to say that these lines aren't being crossed when they are (border phone searches, stop and frisk, you name it).

Re:UK mass digital surveillance regime ruled unlawful by waqf on Tuesday January 30, 2018 @01:42PM (#16267764)
The other advantage of the UK system is that when the government comes up with some dumb new idea to abrogate human rights for people born on Tuesdays or whatever, the public debate is couched as "is this really a good idea?"

In the US it gets hung up on "is this constitutional?", which sort of misses an important point.

Re:UK mass digital surveillance regime ruled unlawful by lucozade on Tuesday January 30, 2018 @02:00PM (#16267923)
> Get rid of jury trials for northern Ireland for a few years

I believe we still have Diplock courts. They were actually put in place because internment without trial was considered too draconian. The kind of thing that would never occur with a constitution (give me a G...)

> Californian cities can take their own people's guns away

How does that work? Is California accepting that the 2nd amendment put in the bit about a militia for a reason or something else? I mean, the US Constitution isn't meant to be a state by state menu is it?

> You have to have at least minimal evidence that somebody did something before you can ransack their house.

I believe you have to have reasonable cause. You don't actually need any evidence. And, as you point out, you've all had a few years to drum up some excuses when it becomes inconvenient.

I'm sure having a constitution is comforting and all but, in reality, you're in exactly the same boat as the UK and for exactly the same reasons. We have checks and balances too.

And when the state, in its infinite wisdom, chooses to bend them, we sometimes get quite annoyed (the UK version of angry).

Re:UK mass digital surveillance regime ruled unlawful by jwdunne on Tuesday January 30, 2018 @03:11PM (#16268567)
Quite annoyed is a bit extreme. I'm miffed but annoyed? Rocking the boat mate.

Not having a written constitution isn't as bad as it seems. The government can't do what they want. The courts do rule against them.

We have quite a deep history of law that sets things out. Thousands of years. Sometimes we get silly things, like until recently pregnant women having the right to piss in a bobby's helmet, but it's very much a case of a complex set of rights wrestled from the ruling classes over those thousand years or so.

The government is in a precarious situation at the moment. They are extremely weak. It wouldn't take a whole lot to get this legislation outright neutered. If Tom Watson is working on it, I imagine Labour are doing just that.

Re:UK mass digital surveillance regime ruled unlawful by improbable22 on Tuesday January 30, 2018 @02:09PM (#16268001)
America has plenty rules which aren't written down, too. You just lack a good word for them, having decided to use constitution to mean a particular bit of paper, which is periodically found to contain rights unknown to its authors.

A nice example is the slowly shifting norms around executive orders.

A bigger example: didn't both Liberia and Mexico basically xerox the US constitution? The bit of paper, I mean. For clearly the unwritten "ways we do things" in everyones heads were very different.

Re:UK mass digital surveillance regime ruled unlawful by namelost on Tuesday January 30, 2018 @03:09PM (#16268544)
The problem the US has is that the constitution has two roles. Firstly it specifies the relationship between the federal government and the states (a kind of treaty). Secondly it specifies the rights of individuals.

While the treaty between the states and the federal government has very little reason for change, the rights of individuals need to change as society changes.

But the US constitution does not lend itself to easy modification, so in practice the Supreme Court is used to "interpret" further individual rights into existence.

Re:UK mass digital surveillance regime ruled unlawful by waqf on Tuesday January 30, 2018 @03:50PM (#16268895)
Three roles — it gives individuals rights versus the federal government, which on the one hand is a fairly logical extension of a treaty between the states and the federal government but which on the other hand has the problems you describe — and it also gives individuals rights versus the states, which is a totally different and very weird kettle of ball games.

On the plain meaning of the text, an amendment like "Congress shall make no law …" wouldn't even bind the states in the first place, but apparently it does.

Re:UK mass digital surveillance regime ruled unlawful by namelost on Tuesday January 30, 2018 @04:28PM (#16269212)
Yes and when the rights of states clash with the rights of individuals, there are often nonsensical consequences.

For instance, in 2005 the US was one of the last countries to abolish the death penalty for children, not by passing a law, but on the action of the judiciary interpreting a new individual right into the constitution (i.e. to not be executed for crimes committed under the age of 18). Quite how they managed to get the age 18 out of the words "cruel and unusual punishments" is something to ponder.

Prior to that, the states had an inviolable constitutional right to execute children.

So the US was prevented from ratifying the UN Convention of the Rights of the Child because Congress couldn't make a law violating the right of states to execute children, yet the US states could not individually ratify the UNCRC themselves because that would be violating the right of Congress to make treaties.

The outcome of this battle of rights between governmental bodies, is that children in the US are to this day denied individual rights that they would otherwise have under international law, or even national law, and rely on 12 judges to extract their rights from thin air.

Re:UK mass digital surveillance regime ruled unlawful by DanBC on Tuesday January 30, 2018 @01:51PM (#16267842)
>Get rid of jury trials for northern Ireland for a few years, because it's cheaper than properly protecting juries? No problem!

Handily ignoring the fact that juries are suboptimal, and that at least these people had trials, unlike eg guantanomo etc etc.

Re:UK mass digital surveillance regime ruled unlawful by Accacin on Tuesday January 30, 2018 @01:48PM (#16267808)
The fact is both types of constitution have positives and negatives. Neither the British or American system is perfect and both are open to abuse.
Re:UK mass digital surveillance regime ruled unlawful by Y_Y on Tuesday January 30, 2018 @12:29PM (#16267088)
It absolutely does have a constitution. It's just not explicitly written down.

https://www.bl.uk/magna-carta/articles/britains-unwritten-co...

Re:UK mass digital surveillance regime ruled unlawful by lucozade on Wednesday January 31, 2018 @05:09AM (#16272790)
It absolutely doesn't. It's not written down because it doesn't exist.

All that article is doing is listing some Acts that contain portions that Brits tend to take more seriously than, say, the Dangerous Dogs Act.

But here's the important bit. Legally, it's no harder to repeal the Bill of Rights that it is to repeal the mangy mutts act.

For example, Parliamentary sovereignty is considered sacrosanct in our constitution. Except we have fairly regularly given it away in Acts and are, presumably, going to get some back in another one because of Brexit.

And Brexit is going to happen because we, randomly, had a referendum about it. In most countries, fundamentally restructuring almost all our treaty obligations of the last 40 years would have a higher threshold than muzzling Rottweilers. Not so in Blighty.

Now, I happen to think that that's not necessarily a bad thing (OK, I think Brexit was scandalous). But we clearly don't have a constitution in any reasonable sense.

Re:UK mass digital surveillance regime ruled unlawful by Y_Y on Wednesday January 31, 2018 @05:52AM (#16272962)
I can see why you'd say that, but in terms of usage you'll give yourself at odds with the uk parliament and legal system. [0]

In fact the uk constitution predates most of the neat written ones.

[0] www.ucl.ac.uk/constitution-unit/whatis/uk-constitution

Re:UK mass digital surveillance regime ruled unlawful by lucozade on Tuesday January 30, 2018 @11:31AM (#16266585)
Not sure a constitution necessarily helps. In this case, the Human Rights legislation is acting like a constitution in the sense that it's a benchmark that laws are being held to.

A constitution can sometimes be a fairly negative thing. You regularly see US decisions being made against the Constitution where it blatantly isn't applicable. You rarely (ever?) see SCOTUS saying that the Constitution doesn't apply so it needs to go back to Congress for a more applicable law. In other words a Constitution starts to resemble a religious document that has the answer to every conceivable problem if only a priest can interpret it.

Re:UK mass digital surveillance regime ruled unlawful by jkaplowitz on Tuesday January 30, 2018 @03:11PM (#16268565)
What would it mean for the US Constitution not to apply to a law within the US?

For a federal law, either it's within Congress's specifically enumerated and limited powers (as interpreted by SCOTUS) and therefore valid, or else the law is invalid.

For a state law, the US Supreme Court will only base their ruling on the US Constitution if anything legally binding at the federal level (including but not limited to the Constitution) forbids or allows that state law.

Otherwise, SCOTUS and every other court will defer on state law to the state Constitution as interpreted by state courts, but from a federal constitutional perspective, states can pass whatever laws aren't federally forbidden.

Re:UK mass digital surveillance regime ruled unlawful by lucozade on Wednesday January 31, 2018 @05:25AM (#16272859)
As an obvious example, the 5th Amendment blatantly didn't have anything to do with passwords. The whole idea is a bit silly. The sensible thing to do would be to say that the Constitution has nothing much to say on many issues relating to modern technology and deal with it accordingly.

Same goes with guns. If you want everyone to be armed then fine. That's your prerogative. But the Constitution clearly didn't mean for everyone and their mom to be tooled up with semi-automatic weaponry. I mean, just how legal are militias in the US? Because they're the reason you should be carrying.

It was clearly a document of its time. And one of international importance. But the religious zeal to which it is adhered to is highly questionable.

Now, it's not like we're perfect in the UK or anything. But if someone tried to justify something to do with smartphones or terrorism by referencing Magna Carta or the Bill of Rights, we'd probably take a step back and give them a napkin for the mouth frothing.

Re:UK mass digital surveillance regime ruled unlawful by di4na on Tuesday January 30, 2018 @11:56AM (#16266831)
The french constitutional court does exactly that. Send the law back to parliament.
Re:UK mass digital surveillance regime ruled unlawful by dalbasal on Tuesday January 30, 2018 @08:31AM (#16265075)
Well... These are the (large) cracks in rule of law that no one has ever managed to close entirely.

It's dangerous to criminalise political tier decisions and actions, just like it's dangerous to prosecute former politicians. It harms the ability to preserve peaceful transitions. Criminals or not.

First, it opens a door to political purging. Also incentives to use power in order to remain free is just too big.

Re:UK mass digital surveillance regime ruled unlawful by turc1656 on Tuesday January 30, 2018 @08:55AM (#16265254)
I agree with you generally, but not in this case. Anyone with a double digit IQ should have been able to know that this was illegal. This wasn't one of those gray areas where federal agents are wondering how far their power goes. A simple comprehension of basic human rights as they have been acknowledged formally in law should lead any decent, reasonable person to conclude these surveillance programs were seriously against the law. That's why I don't apply the same good faith exemption that most law enforcement receives most of the time. This is gross, willful negligence and they are now trying to claim ignorance.
Re:UK mass digital surveillance regime ruled unlawful by pmyteh on Wednesday January 31, 2018 @06:50AM (#16273158)
It's not quite obvious. British constitutional theory holds Parliament to be completely sovereign - so the concept of an illegal piece of statute law is a bit alien.

The only real constraints on Parliament's freedom of legislation are the body of EU law, and the European Convention on Human Rights. The former is variously directly and indirectly applicable in UK law, and the latter is enforced both by UK statute (which can be overridden by Parliament) and by oversight from an external court (which has limited enforcement powers).

I agree that the surveillance law is obviously bad policy, but it wasn't obviously in breach of either EU law or the ECHR. The English court of appeal thought that it wasn't, but referred it to the Court of Justice of the European Union for a binding opinion, because they decided the question was finely balanced. CJEU ruled that it was in breach of articles 7 and 8 of the Charter of Fundamental Rights of the European Union, so the Court of Appeal made a domestic declaration that the statute was in breach of EU law.

The full judgment is at http://www.bailii.org/ew/cases/EWCA/Civ/2018/70.html, if you're interested.

Re:UK mass digital surveillance regime ruled unlawful by mtgx on Tuesday January 30, 2018 @10:23AM (#16265967)
But we're talking about courts deciding to put politicians in prison here.

And if somehow a political leader has managed to corrupt/threaten 3 court levels, then you've got bigger things to worry about, and chances are such a person would take other measures to get rid of his political opponents that are much faster.

Also, it's not like you can't ever arrest a politician. There are laws and countries that do put politicians in prison, especially in cases on corruption.

Re:UK mass digital surveillance regime ruled unlawful by dalbasal on Tuesday January 30, 2018 @10:50AM (#16266209)
It's not necessarily about corrupting the courts. It is about maintaining influence or outright control over police, prosecution, legislation or whatever body (very often a political body, as in The States) is responsible for investigating or prosecuting political offenses.

In failed rule of law states, it has often happened that former politicians were/are criminalized. This can make losing power, in practice, directly lead to losing life & freedom. This then becomes a mandate to maintain power by whatever means necessary.

It also opens the door to political purges of oponenets.

I'll take an example from the Middle East (my home). When Saddam lost power, he was hanged. Gadaffi was lynched. Mubarak was imprisoned, then released when his faction came back into power. This creative an imperative for Assad to maintain power in Syria. Losing power is a death warrant for him, and he is willing to kill even more brutally to preserve himself.

In Israel, Netanyahu is under criminal investigation. He has immunity from prosecution while in power, but not from investigation. This is very dangerous and many analysts (including US generals and spooks) are worried he will start a war in order to consolidate power. tricky stuff.

These are not rule of law states, and they do not have independant judiciaries. But the principle stand. This is why I found (for example) Trump's threats to Clinton so disturbing. If he had followed up, the entire american system would be in danger.

Realistically, the process in place is there for a reason. Small crimes (eg Clinton's emails or Trump's contact with Russia, if it doesn't turn out to be worse than reported thus far) are swept under a rug. Large crimes (Clinton's BJ?) should be investigated through some non-criminal (courts are OK, the US system is suboptimal here) system where life and freedom are not at stake, just power.

Courts cannot be subsidiaries of executive-legislative power (even in the states where it is explicitely forbidden executive & legislative are not really seperate) but the opposite also cannot be.

It is ugly the way it is. We should be doing better. But, there really are fundamental issues here with the stability of democracies at stake.

Re:UK mass digital surveillance regime ruled unlawful by wu-ikkyu on Tuesday January 30, 2018 @12:21PM (#16267031)
>In failed rule of law states, it has often happened that former politicians were/are criminalized.

If they were "criminalized" and no one had the power to lock them up, there was no rule of law in the first place. There was a dictatorship masquerading as a democracy.

"The Democratic People's Republic of Korea"

Re:UK mass digital surveillance regime ruled unlawful by eeZah7Ux on Tuesday January 30, 2018 @09:15AM (#16265410)
> It's dangerous to criminalise political tier decisions and actions

Politicians should not be above the law.

On the contrary, the public figures are supposed to be more transparent and held accountable more readily than private citizens.

Re:UK mass digital surveillance regime ruled unlawful by dalbasal on Tuesday January 30, 2018 @11:07AM (#16266349)
Morally, I agree with you. My former prime minister is in jail for graft, theft essentially. He will spend less time in prison (though fortunately he is at least serving some) than a common thief even though the damage he has done is imesurably greater.

The reason I argue the opposite (OP) is for practical rather than moral reasons. Morals are a luxury. Systemic stability is at stake and is a requisite for any rule of law.

That said, prosecuting legislators and/or political executives for ilegal legislation is far too dangerous, essentially merging all branches of government.

Re:UK mass digital surveillance regime ruled unlawful by qubex on Tuesday January 30, 2018 @11:09AM (#16266380)
The law is the output of politicians so in a certain sense they can collectively always pass legislation that protects themselves anyway so there’s not much point in compelling them into doing so by prosecuting them.

Parliamentary immunity also exists in many countries to ensure that parliamentarians cannot be prosecuted for acts they undertook whilst in office (or other acts, so they that they cannot be compelled into anything).

You’re never going to get a body politic to pass a law that places them all at risk, and if somehow one got through, they’d pretty quickly pass another one to repeal it.

Re:UK mass digital surveillance regime ruled unlawful by pbhjpbhj on Tuesday January 30, 2018 @12:06PM (#16266907)
In the UK the Queen passes the laws, so there seems no reason she couldn't issue a writ making particular actions of MPs unlawful.

Presumably she doesn't because she rather likes the money and the palaces more than she wants to settle the question as to how you have a parliamentary democracy and monarchy with "you don't".

Re:UK mass digital surveillance regime ruled unlawful by qubex on Tuesday January 30, 2018 @04:02PM (#16268991)
I don’t know if that is even possible within the confines of the UK’s latter-day (uncodified) constitutional monarchy, but the Queen resuming the practice of unilaterally imposing laws upon Parliament and the Realm at large would be one of the most terrifying regressions of the past several centuries.

Besides, the scenario you depict further reinforces my argument that there’s a “trusted root” at the apex of our democracies and that this entity (whether the Queen, or Parliament, or Congress, or the President, or whatever-have-you) can pursue its own interests with abandon, and there’s nothing we buggers further down the pyramid can do to prevent it.

Re:UK mass digital surveillance regime ruled unlawful by pbhjpbhj on Wednesday January 31, 2018 @11:31AM (#16275089)
If the Queen imposed a requirement for MPs who sponsor laws to go to prison if those laws clearly beach the ECHR (or maybe HRA) who'd complain?

It's far less terrifying to me that the present Queen can do that than that any oligarch with a £100M to spare can probably "lobby" to get the changes they want.

The royal family are in a dicey position, but I trust the current Queen more than MP s in general, but perhaps less than the 2 Houses as a whole. She can probably do anything that goes with either Parliament OR with the demos but couldn't go against both.

Re:UK mass digital surveillance regime ruled unlawful by ascorbic on Tuesday January 30, 2018 @05:18PM (#16269616)
It's not illegal to pass a bad law. When the Supreme Court finds the law is incompatible with the Human Rights Act or EU law, they rule that the law needs to be changed. They don't prosecute the MPs that voted for it.
Re:UK mass digital surveillance regime ruled unlawful by wu-ikkyu on Tuesday January 30, 2018 @09:41AM (#16265600)
It appears your argument against prosecuting criminal politicians boils down to being afraid of their power and what would happen if you did? Seems like a weak argument from authority.
Re:UK mass digital surveillance regime ruled unlawful by shaki-dora on Tuesday January 30, 2018 @09:59AM (#16265764)
"Argument from authority" means something entirely different, although your use here is somewhat amusing.

You're also misunderstanding the argument: It's not the powerful politicians that are frightening, it's the powerless. By prosecuting (former) politicians, you're not creating disincentives against abuse of power, you're disincentivising loss of power.

That's the hard-to-accept logic behind the mostly deferential treatment the Nixons and Mugabes of the world today get after they lost power.

Re:UK mass digital surveillance regime ruled unlawful by wu-ikkyu on Tuesday January 30, 2018 @12:07PM (#16266917)
This is still a weak excuse for allowing politicians to break the law. It's like saying we shouldn't go after child molesters because they might kill the police so they can keep molesting children.

>By prosecuting (former) politicians, you're not creating disincentives against abuse of power

Do you think prosecuting people who committed crimes creates a disincentive against crime?

>you're disincentivising loss of power.

The same could be said for (former) leaders of drug cartels and mafia bosses, but we still go after them (as well as the current ones), don't we?

Loss of power is already by default highly disincentivized, which is why people want to hold on to it for as long as they can. It's also why we enforce term limits and have checks and balances. However those checks and balances are quite toothless when you elevate politicians above the law.

"We hang the petty thieves and appoint the great ones to public office." -Aesop

Re:UK mass digital surveillance regime ruled unlawful by pbhjpbhj on Tuesday January 30, 2018 @12:10PM (#16266939)
Do you think those who gave prosecution (PM May is I've presumably) have enough power to move the UK out of begin a democracy (of sorts) in order to avoid prosecution.

Troops on the streets?

Re:UK mass digital surveillance regime ruled unlawful by dalbasal on Tuesday January 30, 2018 @11:33AM (#16266607)
Exactly my meaning, just stated more clearly :)
Re:UK mass digital surveillance regime ruled unlawful by dangerlibrary on Tuesday January 30, 2018 @08:32AM (#16265084)
In the case of the Flint water debacle, there were several indictments. It's been a really positive change at the state and local level. It empowers the career experts to say to the political appointees and elected officials: "no, I'm not going to jail over this."

https://www.nytimes.com/2017/06/14/us/flint-water-crisis-man...

https://www.freep.com/story/news/local/michigan/flint-water-...

http://michiganradio.org/post/3-years-later-flint-water-cris...

Re:UK mass digital surveillance regime ruled unlawful by MaxBarraclough on Tuesday January 30, 2018 @08:41AM (#16265154)
> It empowers the career experts to say to the political appointees and elected officials: "no, I'm not going to jail over this."

Surely the point is that You could go to jail for this.

Re:UK mass digital surveillance regime ruled unlawful by ivanbakel on Tuesday January 30, 2018 @08:45AM (#16265184)
Which is why the experts can use that now very real threat to refuse to carry out certain political commands. You have to have the possibility of going to jail in order to refuse to go to jail.
Re:UK mass digital surveillance regime ruled unlawful by f_allwein on Tuesday January 30, 2018 @08:33AM (#16265096)
For what it's worth, the state government of Bavaria was recently fined 4.000 Euro by a Bavarian court for failing to take action on air quality: [DE] https://www.br.de/nachrichten/oberbayern/inhalt/deutsche-umw... . Apparently, if they don't pay, the minister for the environment may be arrested...
Re:UK mass digital surveillance regime ruled unlawful by shaki-dora on Tuesday January 30, 2018 @09:53AM (#16265703)
Not all trials are criminal. In fact, the vast majority are civil. To expose elected politicians to criminal liability would completely stymie them: laws are routinely struck down for all sorts of reasons, and it would be almost impossible for a single parliamentarian (who usually has a staff of two or three, max) to foresee all challenges.

I know this "Snooper's Charter" evokes strong feelings, which makes it a bad example.

The courts also have enough power already to make their judgements stick. Roe v. Wade made abortion legal in the US, and it didn't take any jail sentences to make that right a reality, even though roughly 40% of the population are vehemently opposed.

To see a particularly crass example that comes close to your fantasy, see Joe Arpaio, one of the very few politicians to actually defy a court long enough to be convicted of criminal charges.

Re:UK mass digital surveillance regime ruled unlawful by rebuilder on Tuesday January 30, 2018 @08:47AM (#16265197)
The people writing poor laws are supposed to be held accountable by the population in a process called an election. If that process is not working, it seems unlikely any legislation to punish lawmakers will fix it - they make the laws, after all.
Re:UK mass digital surveillance regime ruled unlawful by chriswarbo on Tuesday January 30, 2018 @08:57AM (#16265269)
The problem with having a couple of elections per decade is that they lump all decisions (economic, legal, home, foreign, etc.) into one.

Also, the UK's first-past-the-post system has given us a two-party system (Labour and Conservative), which makes elections mostly useless for any issues those two parties agree on, such as surveillance (AFAICT the trajectory of the current surveillance state was set in motion under Blair, and later Brown).

When the Liberal Democrats entered a much-maligned coalition with the Conservatives in 2010, they at least managed to prevent the "Snoopers Charter" getting passed. At the next election, the Conservatives got a majority and passed it as the "Investigatory Powers Act 2016".

Re:UK mass digital surveillance regime ruled unlawful by dmix on Tuesday January 30, 2018 @08:32AM (#16265086)
The courts didn't technically rule that it violated a particular persons rights, only that the law lacked safeguards to prevent such an abuse. That quote was by a Labour minister not the judge.

But otherwise I agree with holding politicians accountable, as this has no doubt already broken at least a few peoples rights.

Re:UK mass digital surveillance regime ruled unlawful by turc1656 on Tuesday January 30, 2018 @01:35PM (#16267688)
I disagree. The judges held that it was "inconsistent with EU law". That means it is illegal because it goes against the (higher) EU law. They held that the reason it was inconsistent was because it lacked "prior review by a court or independent administrative authority" - basically, due process. It seems clear from the language of the judges that rights were violated without due process. That's no minor offense.
Re:UK mass digital surveillance regime ruled unlawful by rapala on Tuesday January 30, 2018 @03:19PM (#16268629)
> That means it is illegal because it goes against the (higher) EU law.

It actually does not mean that. The courts cannot ignore an Act of Parliament even if it conflicts with the Human Rigths Act but can o ly give an declaration of incombability which they have done.

Re:UK mass digital surveillance regime ruled unlawful by PJDK on Tuesday January 30, 2018 @12:59PM (#16267352)
What you're asking for is nothing like what this process is designed to be.

The Human Rights Act is designed as a way to allow courts to push back on certain kinds of legislation - this ruling is a normal part of the legislative process not any indication of criminal wrong doing by anyone.

Re:UK mass digital surveillance regime ruled unlawful by turc1656 on Tuesday January 30, 2018 @01:23PM (#16267572)
I am not a UK citizen so I can't say with any level of certainty what the process was designed to be. However, a few things seem pretty obvious. 1) The judges said this was "inconsistent with EU law". That means it is illegal because it goes against the (higher) EU law. This is equivalent to how Federal law trumps State laws in the US and State law trumps local/municipal law. If it is inconsistent with EU law, then it is a violation of that law, plain and simple. 2) The judges also held the ruling in #1 based on lack of "prior review by a court or independent administrative authority". That's the US equivalent to what we call due process. So rights were being violated without due process. That's pretty serious.

I think you are making the water murkier by trying to imagine what you think the process is/should be. The fact remains that the law has been violated on a mass scale, by government, and this has now been adjudicated in a court of law.

Re:UK mass digital surveillance regime ruled unlawful by PJDK on Tuesday January 30, 2018 @01:41PM (#16267756)
What is happening is that the court has decided law X is not consistent with law Y.

In the UK system, when this happens the courts can order Parliament to review law X to make amendments so the laws are consistent. The Government can choose to appeal this to a higher court or they can choose to amend the law. (Incidentally this differs from the US system in that the court doesn't say what the new law should be - but rather says that a section of the law is invalid in a certain way and must be changed - a job then left to the politicians).

No law has been disobeyed at all here - rather two perfectly valid laws have been created that are in disagreement, and the court is ordering that the disagreement be resolved in favour of one.

Re:UK mass digital surveillance regime ruled unlawful by rocqua on Tuesday January 30, 2018 @09:33AM (#16265544)
Because those who wrote the law have cover from parliament passing the law. Who would we be cuffing? Those who drafted the law? Or maybe those who whipped party members into line to vote for the law?

In my opinion, people drafting illegal laws is to be expected. It is the responsibility of parliament and the house of lords to keep illegal laws from being enacted. So if we were to cuff anyone, it seems to me it ought to be parliament. For parliament we have a different measure than the courts though. That would be elections! It seems less that wise for the public prosecutor to be able to target members of parliament for how they voted. The solution should be sought in a better democracy.

An underlying issue here might be that a majority of voter would actually like to see the constitutional basis for this ruling changed. The Brexit vote could be seen as supporting this. If indeed the electorate wants to get rid of this, there is very little to be done. And that is how a democracy is kind of supposed to work. Sometimes, this makes democracies suck. But like Churchill said, democracy is the worst form of government except for all the other forms we've tried.

Re:UK mass digital surveillance regime ruled unlawful by Cthulhu_ on Tuesday January 30, 2018 @08:23AM (#16265020)
You kinda hint at the answer in your post already - you keep referring to "the government", but who? Is there one or a few people responsible for directing others to perform the unlawful surveillance? Or are they too protected by some mechanic? The legal state being "unclear" probably also means that those people can't face judgment for continuing doing it while the judges were still out.
Re:UK mass digital surveillance regime ruled unlawful by turc1656 on Tuesday January 30, 2018 @08:34AM (#16265100)
At minimum, it should be the architects of these programs in the intelligence community. I'm not sure of the UK case, but in the US and many other countries the intelligence agencies just kind of took it upon themselves to do these things "for national security" whether it was lawful or not. Sometimes they retroactively had laws passed to attempt to make it legal. The situation is probably the same in the UK. Now we know for sure that it was not legal in the UK to do this. So those that designed these programs should be held to account. That means the top brass at these agencies. They have a ton of resources that they could have used to know this was probably illegal or at least might have been deemed illegal. They chose to either ignore those warnings or never sought out council in the first place because they never thought 1) they would be caught doing what they are doing or 2) that even if they were caught it wouldn't be found illegal and if it was nothing would ever happen to them because they would be protected.

There are arguments to be made in their defense, sure. Most likely regarding intent and what a reasonable person could/should have known. And that's what a court is for. But they should absolutely at least be charged so a case can be made. If the people of the UK accept that they were acting in good faith, then fine. But to me, all of this stuff looks like an intentional screw job that they tried to make legal after the fact, which has now failed. And the fact remains that we know for sure now that they have been violating the law. If we know this with certainty, cases should be brought.

Re:UK mass digital surveillance regime ruled unlawful by coldtea on Tuesday January 30, 2018 @08:32AM (#16265083)
>You kinda hint at the answer in your post already - you keep referring to "the government", but who? Is there one or a few people responsible for directing others to perform the unlawful surveillance?

Yes. Those that signed related orders. It doesn't even matter if they get them all, just some high enough would be enough to deter others.

Re:UK mass digital surveillance regime ruled unlawful by rapala on Tuesday January 30, 2018 @03:15PM (#16268602)
The Human Rigths Act specifically does not grant the courts the possibility of not following Acts of Parliament when the too conflict. The courts can only give an declaration of incombability which they have done. This is how an Parliamentary sovereignty works.
Re:UK mass digital surveillance regime ruled unlawful by coldtea on Wednesday January 31, 2018 @03:27AM (#16272384)
Maybe they could start with a constitution.
Re:UK mass digital surveillance regime ruled unlawful by lucb1e on Tuesday January 30, 2018 @08:30AM (#16265069)
Well somebody or some bodies stood for the law and approved it. They needn't all go to jail or it would become a neat implement for beheading a government, but allowing them to create such laws without any repercussions is wrong.
Re:UK mass digital surveillance regime ruled unlawful by rapala on Tuesday January 30, 2018 @03:00PM (#16268467)
Umm... that is exactly how an parliamentary democracy works. The parliament can enact any law. Yes, many such systems contain laws that overrule all other laws and are often harder to change. These are often called constitutions. But I can't recall any constitution that could not be changed.
Re:UK mass digital surveillance regime ruled unlawful by ixtli on Tuesday January 30, 2018 @10:31AM (#16266051)
Handcuffs for legislators are just as rare as handcuffs for CEOs. At a certain point one is left to conclude that handcuffs are inversely proportional to the amount of capital you control.
Re:UK mass digital surveillance regime ruled unlawful by EnderMB on Tuesday January 30, 2018 @09:20AM (#16265452)
In theory, wouldn't it require someone challenging the government in a court of law?

It sounds like this kind of thing is very common, but because there's no challenge to these crimes the government just carry on as normal.

I know no more about the law than the average person, but surely a large-enough group of people, backed by someone with legal/political pull, could challenge the government?

Re:UK mass digital surveillance regime ruled unlawful by dlwdlw on Tuesday January 30, 2018 @10:00PM (#16270976)
Reminds me of bad actors in large companies. You'd think it is beneficial to remove them as fast as possible, but in any sort of bubbled environment, extrication is not easy. Especially when the bad decisions are a result of the existing system and the said actor in tandem. (That is, that person may be "good" in another system)
Re:UK mass digital surveillance regime ruled unlawful by hippich on Tuesday January 30, 2018 @08:44AM (#16265176)
well... whom you would like to send to jail? actual clerk, his/her boss, department head? queen? whole government? (i would love this one :))

Government is unique entity - it is a entity 'too big to fail'. And we all know how entities that can not die act.

Re:UK mass digital surveillance regime ruled unlawful by turc1656 on Tuesday January 30, 2018 @09:03AM (#16265317)
I want the people at the top of the agencies that engage in these activities to be charged. I guarantee you when they set up these programs they consulted legal council and they were warned of the possible legal issues that could arise. They chose to ignore those warnings. If by some incredible chance they did not seek council, they were being grossly negligent in carrying out their duties, which resulted in violations of the law and harm to individuals through violation of their human rights. That (gross negligence) is also a crime, at least in the US where I am, so it doesn't matter how you look at it. Those at the top should be held to account for these monumentally bad decisions which have now been deemed illegal.
Re:UK mass digital surveillance regime ruled unlawful by whywhywhywhy on Tuesday January 30, 2018 @12:16PM (#16266986)
In the UK the police can knock on your door for an offensive Tweet. If what happens on the internet has such serious implications then so should abusing power on the internet like this.