Leading U.S. technology companies, including Apple Inc., Google
Inc. and Facebook Inc., roundly criticized proposed U.K.
legislation that would expand the British government's spying
powers, according to responses to lawmakers released Thursday.
The tech companies' strong push back underscores the challenges
the British government will have to overcome to make the proposed
laws work in practice, even as police and prosecutors welcome the
changes.
Set to be voted on later this year, the draft bill proposes
enhanced surveillance powers that government officials say they
need to keep pace with changes in technology.
But the tech companies say the new measures, some of which would
require them to collect data in bulk and help law-enforcement
officials crack encrypted communications, are overzealous.
"The actions the U.K. government takes here could have
far-reaching implications—for our customers, for your own citizens,
and for the future of the global technology industry," said
Facebook, Google, Microsoft Corp., Twitter Inc. and Yahoo Inc. in a
joint submission dated Dec. 21.
Voicing particular concern about the effect the proposed law
could have on the privacy and security of their customers' data,
the companies also warned of the high cost of complying with the
new rules, which require tech companies to keep records of their
customers' Internet usage and hand them to police on request.
In a separate letter to lawmakers, Apple said that to comply
with the proposals would weaken the strength of encryption in the
products and services the company offers, making it easier for
criminals and terrorists to steal data and launch cyberattacks.
"Increasingly stronger—not weaker—encryption is the best way to
protect against these threats," Apple said. "The fact is to comply
with the government's proposal, the personal data of millions of
law-abiding citizens would be less secure," the company said.
The U.K. law is the latest flashpoint in a battle between U.S.
technology companies and governments over where to draw the line
between user privacy and national security. Since 2013, when former
U.S. National Security Agency contractor Edward Snowden leaked
documents alleging widespread government snooping by the U.S. and
allied countries, U.S. tech companies have been at pains to push
back against surveillance policies that they worried would cause
customers to lose trust in their businesses.
British Home Secretary Theresa May, who has championed the bill,
is scheduled to address some of the concerns voiced by the
companies when she appears in front of lawmakers next week.
Among the most controversial powers in the new bill is the
ability of intelligence officials to hack computers to access
communications of terror suspects, something the government only
publicly acknowledged that it was capable of doing earlier this
year.
That, said Facebook, Google, Microsoft, Twitter and Yahoo, was
"a step in the wrong direction."
In a rare public intervention, the head of the U.K.'s domestic
intelligence agency, known as MI5, said last year that officials
needed to draw upon a wider range of tools, including the option to
"conduct operations online and to mount IT attacks," against
terrorist networks to access their communications. MI5 head Andrew
Parker and other government officials have argued that the rise of
encryption in the post-Snowden era has made their jobs more
difficult.
This view was echoed in submissions from British law-enforcement
agencies on Thursday. "We consider the bill's provisions essential
to ensure effective investigations and prosecutions in a world
where technology, capability and opportunity are constantly
evolving," said Alison Saunders, the country's most senior
prosecutor.
Some police officers said they felt the proposed law doesn't go
far enough.
Restrictions on how hacking powers can be used, and the amount
of judicial oversight laid out in the draft bill should be
reconsidered, said the heads of the Metropolitan Police, the U.K.'s
counterterrorism command, the National Crime Agency, and the Border
Agency, in a joint submission.
If the bill passes into law, it risks being struck down by
European judges, who have already taken issue with the private
collection of personal data. On Oct. 6, the EU's highest court
annulled the "Safe Harbor" pact that was used by thousands of
companies to transfer customer information to the U.S. The court
ruled the pact violates customers' privacy rights by potentially
exposing them to allegedly indiscriminate surveillance by the U.S.
government.
But a series of terrorist attacks in Europe and the U.S. last
year has hardened the debate.
Following those attacks, government officials have moved to
bolster their surveillance powers, with France enacting two new
surveillance laws in the past year alone.
Law-enforcement officials in the U.K., France and Germany have
argued they need more cooperation from technology companies in
turning over information on users, as well as in gaining access to
encrypted communication tools they say terrorists use.
American tech companies say they already cooperate with European
authorities, but say they are limited by U.S. law. In general, the
U.S. companies will only turn over limited personal information
about users to a limited set of U.S.-allied countries. They direct
European authorities to channel more-detailed requests to the U.S.
government.
Tech executives say they are particularly wary of setting a
precedent that would encourage countries to make surveillance
demands beyond their borders—arguing it could embolden
authoritarian countries to pass similar laws.
"The legislation must avoid conflicts with the laws of other
nations and contribute to a system where like-minded governments
work together, not in competition, to keep people more secure," a
Microsoft spokesman said.
Write to Alexis Flynn at alexis.flynn@wsj.com and Sam Schechner
at sam.schechner@wsj.com
(END) Dow Jones Newswires
January 08, 2016 02:15 ET (07:15 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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