23 Nov 2014

Why May’s greater data powers plan is given a cautious thumbs-up

Today’s announcement by the home secretary strikes a compromise between those screaming for tougher powers to track criminals online, and those terrified of invasion of privacy.

When you go online (whether using a mobile, tablet or computer) your internet or phone company assigns you a doorway through which you can access the internet. Each doorway has a unique address, called an IP address.

Theresa May wants internet and phone companies to keep a record of which IP address they assign to which people. That way, if there’s wrongdoing on the internet, the theory is that it can be traced back to the IP address, and therefore to the actual person responsible.

“Theory” is a key word: criminals are increasingly using tools which hide that IP address. The main one, TOR, has recently been the subject of high-profile police activity, but there are numerous other ways to break the link between the IP address and the end user (pay-as-you go phones, for example).

Today’s proposal falls far short of the failed Communications Data Bill (which some labelled the “Snoopers’ Charter”) which the Government put forward in 2012. That legislation would have forced internet and phone companies to keep records of customers’ actual communications for up to a year, but it failed thanks to stiff opposition from the Lib Dems and privacy campaigners.

The Lib Dems support today’s proposal, and some privacy groups have given it a cautious thumbs-up. But it doesn’t mean the Comms Data Bill is off the cards; the home secretary says she still wants to see it become law.

If the Conservatives win the general election next year, expect to see this whole debate rear its head again.

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