2016 has been a year to remember or possibly one to forget! Political upheaval and celebrity deaths aside, what did 2016 mean for digital rights? It was the year when....
While politicians, the media and public were distracted by Brexit, the UK parliament passed the most extreme surveillance law in a democracy – the Investigatory Powers Act (IPA). ORG fought hard to limit its severe measures but only the Lib Dems, Greens and SNP suggested serious amendments, which the Tories and Labour rejected.
In 2014, ORG intervened in a case about data retention brought by the MPs Tom Watson and David Davis. ORG argued that blanket data retention contravened the protections set out in a previous Court of Justice of the European Union (CJEU) judgment. These arguments – including the unlawfulness of blanket retention – won the day and were accepted by the court. Last week, the CJEU stated, among other things, that blanket data retention is not permissible. This means that the Government is going to have to change the IPA or face another legal challenge. The fightback begins!
The Digital Economy Bill, which is currently going through parliament, will compel porn sites to verify that their users are over 18. The proposals, which don’t include privacy protections, are largely unworkable because foreign porn sites could refuse to comply. Undeterred, the Government has now proposed to force ISPs to block sites that don’t apply age verification – potentially blocking thousands of legal websites in the UK. And just last week, they confirmed that Twitter accounts that link to blocked websites could also be blocked.
ORG is working to get the Government to amend the Digital Economy Bill so that privacy rights are protected. Over 18,000 people have already signed our petition against web blocking and this is going to be one of our big fights in 2017.
Admiral Insurance thought it would be a good idea to offer first time drivers discounts in return for analysing their Facebook feeds. ORG raised awareness in the media and Facebook clarified that this was a breach of their Platform policy and blocked Admiral's app.
There are real risks in allowing the financial or insurance industry to base financial decisions on our social media activity. ORG will continue to raise awareness when companies try to do this.
Earlier in the year, almost 1,000 ORG supporters wrote to the Intellectual Property Office to say no to proposals that could see people who commit online copyright infringement getting ten-year prison sentences. Despite this opposition, the proposals still appeared in the Digital Economy Bill. However, we’re working with Labour to amend the wording of the law so that such sentences will only be given to those guilty of serious copyright infringement.
This summer, ORG supporters along with Internet users from across Europe secured some the the strongest net neutrality protections in the world. BEREC, the Body of European Regulators of Electronic Communications, set strong guidelines on how European net neutrality rules should be enforced by national telecoms regulators like Ofcom in the UK. We'll be keeping an eye out for potential net neutrality violations in the UK over 2017 and beyond.
After the UK voted to leave the European Union, we warned that there would be major consequences for digital rights as many European laws apply. We still don't know what shape Brexit will take but this should become clearer in 2017 and will be something that massively affects our work.
The European Union passed the General Data Proection Regulation (GDPR) in April this year. ORG, EDRi and other digital rights groups had argued for stronger data protection laws for the last five years. Along with the European Parliament, we worked to stop industry efforts to water the proposals down. When it enters force in 2018, it will give people new rights, including the right to get an electronic copy of your data, to delete your data, and to object to automatic decisions that affect your rights. Companies will also face bigger fines if they breach the law. Despite Brexit, the UK Government has confirmed that it will enact the proposals in the GDPR – largely because it would otherwise damage UK business interests.
The European Commission published its draft Copyright Directive, which included plans to force Internet companies to ‘filter’ everything we upload in case it infringes copyright laws. This would have a massive impact on how we all use the Internet as photos, songs, images, and even memes, could be checked and censored as copyright violations. Over 3,000 ORG supporters wrote to the IPO about these plans and we will continue to challenge them in 2017.
“If there were a crisis in the relationship between the UK and the US, what risks would our shared intelligence arrangements pose?” We asked this question in our 2015 report about the Snowden leaks. We might be about to find out the answer. The Snowden documents show that Britain’s GCHQ and America’s NSA work very closely together. They are integrated in a way that means it is difficult for our Parliament to hold GCHQ to account.
We rely so much on US technology and data that it poses questions for our sovereignty. Is sharing of UK citizens’ 'bulk data' with a Trump government safe? Will Trump threaten the UK with the removal of key technologies, if our government steps out of line? Will he push the UK into taking ever greater risks and intrusions as the price for this close relationship?
Oversight of this state of dependency between the UK and USA is woeful in the UK. If we want our future to be safe, this is time to rethink how surveillance is governed and overseen.
A special thanks to our local group organisers in Aberdeen, Bristol, Birmingham, Cambridge, Cardiff, Leeds, London, Manchester and the North East who have put on some excellent events this year. Thank you to everyone who signed a petition, emailed their MP, tweeted about us, came to an event or followed us on social media.
Please do consider joining ORG and helping us to fight for your rights in 2017.