Live data from Hacker News

Independent review of UK national security law warns of overreach

techradar.com

271–280 of 299 posts

Re: Independent review of UK national security law warns of overreach

#271

> He warns that developers of apps like Signal and WhatsApp could technically fall within the legal definition of "hostile activity" simply because their technology "make[s] it more difficult for UK security and intelligence agencies to monitor communications. Sounds like Let's Encrypt would also fall under that. This has got to stop. If you want to stop criminals, then focus on their illegal activites, not the stree…

This is about the astonishing lack of ability in the political class in the UK. The security services are honestly wagging the dog and they think they can force some kind of key escrow eventually, but instead they’ll just destroy software development in the UK and possibly financial services. It’s the same with the multi billion ID cards and digital ID which is almost impossible for a government as incompetent as thi…

[deleted]

Re: Independent review of UK national security law warns of overreach

#272
post #267

Earlier quoted context omitted.

Are you under the impression that corporations and governments of capitalist countries are somehow independent? The ultimate goal of both of them is to have the greatest amount of power over the greatest number of people. They're an extension of one another more than they are independent entities.

They’re very obviously independent and are not an extension of one another. This is leftist single lens / unidimensional silliness.

You my friend must live in an alternate reality where political leadership isn't obviously enmeshed with corporations to a pathological degree - without a revolving door of people circling between them, without lobbying, without corruption, without special deals to the benefit of the biggest corporations, where private corporations aren't abused to bypass restrictions on government powers, and vice versa.

Re: Independent review of UK national security law warns of overreach

#273
post #192

Earlier quoted context omitted.

This is definitely not a crime in the US per the US Supreme Court. Several additional conditions not in evidence are required for speech of this type to fall outside of First Amendment protections.

The Something Awful Forums got investigated by the FBI after one or two people posted threats about the current president. So, uh, yes. It's definitely something that the federal authorities take a dim view on.

You're mixing up "take a dim view" on and investigation, with charging and conviction.

Re: Independent review of UK national security law warns of overreach

#274

Earlier quoted context omitted.

It boggles my mind that you think this stuff is being pushed by the right. Expansion of government and surveillance is a hallmark of the left , and indeed this latest wave of surveillance is being pushed by progressive governments in Western Europe and Australia. Governments of both flavours are ignoring the voting public, for various reasons, e.g. they are signatory to agreements that no longer work for the public b…

The constitution is being summarily ignored by the current administration. There is a right to trial in there that we've just totally blown past, and the deep integration between party insiders and media consolidation is a sideways assault on the first amendment. The idea that "they're coming for your guns" is something we can begin to discuss when the first step to curb our mass shooting problem is actually taken. F…

>The constitution is being summarily ignored by the current administration. There is a right to trial in there that we've just totally blown past, and the deep integration between party insiders and media consolidation is a sideways assault on the first amendment.

To what extent does the US have the right to maintain its borders? The idea that anyone should be able to enter the country illegally and be given the right to due process presupposes that the state has the resources to deal with the volume of people who decide to do that. And in most of the world, it would be uncontroversial to suggest that people entering a country illegally have -- effectively, if not necessarily legally -- zero recourse should the state decide to remove them.

>The idea that "they're coming for your guns" is something we can begin to discuss when the first step to curb our mass shooting problem is actually taken. For now, it's a little ridiculous to infer that there's any kind of 'siege' on the second amendment given that we have them all the damn time and they're not slowing down.

There is a sustained anti-gun lobby, and California has taken significant steps to restrict gun ownership. The US is too far gone for any one government to be able to swoop in and completely remove all guns, so the goal is long-term. Sway people's opinions, change the culture, and implement controls that skirt the edge of violating the second amendment, or set a precedent for limits on the second amendment. I don't live in the US, but even what I see as an outsider looking in makes it clear that this is happening.

Governments as an organization are perfectly capable of putting down an armed population, but individual members of a government certainly do see an armed population as a threat. I know for a fact that senior members of the (large, US) company that I work for take security very seriously. And though I don't support or condone shooting government officials and CEOs in any way, shape or form, I do believe that all peaceful negotiations, whether they be between employees and employer, or citizens and government, are purchased through a credible threat of violence. Otherwise, there are no negotiations, just suggestions. We're the lucky ones who got to live through a time when those fights have already been had, but there's nothing to say they won't need to happen again.

>I would ask folks in the EU whether they think they're leaning left at the moment. Reading their news it doesn't seem to be the case [0 1 2 3].

Incumbent governments in western Europe are mostly left wing, especially by US standards. The population is pushing right as a response to those governments refusing to address valid concerns of the voting public. This is why right wing "populist" parties are on the rise, but they aren't in power yet. The push for surveillance has been bipartisan at best, and more realistically driven by the political left under the guise of limiting hate speech.

>Leaving the left-right debate behind for just a second - I smell that there is something perhaps we may agree on. Representation is fundamentally broken. Even given our ideological differences, how do you feel about direct democracy? I think we'd benefit.

I agree that representation is fundamentally broken across much of the west, but I believe that the cause is ultimately a crisis of sovereignty.

As an example: it's no secret that there's a major backlash against migration in many western countries, but with the volume of people coming across, what do you do? You can't shoot them, and if you spend resources shipping them home, a non-trivial (and generally privileged and insulated) chunk of your population wants to save the world and will protest. And the business lobby is all over it because they like the idea of lower wages, so you've also got an army of neoliberal economists and lawyers telling you why you should just let all these people stay. Then you've got all the NGOs that your country is signatory to that want you to invest resources in helping illegal migrants, and in the case of Europe, the EU might try to directly tell your government it needs to do its fair share of taking those people anyway. And even if an individual member of government privately thinks there's an issue with an unpoliced border, the party number-crunchers are telling them that these people vote for the party, so letting them stay and giving them a path to voting actually helps the bottom line. And of course, you've also got a few investment properties...

The end result of all of this is that governments change, but the course stays the same, because in the absence of a government that is willing to risk never being in power again no one is willing to do anything. At worst, you get voted out, the next group does the same thing until people are angry again, and then you get voted back in.

Which of course brings us to Trump. A lot of what Trump is doing, at least to me, is reasserting US sovereignty. He's forcing US companies to heel through the H1B visa change and tarriffs, rattling treaties to get allies to absorb some of the expenditure of maintaining security, and enforcing the nation's border. These aren't historically radical concepts. If the US is going to be a country where the government has an opinion and can advocate for itself as an entity, this probably needs to happen, because no one wants to fight for a shared economic zone. And eventually, if a government can't enforce its borders and exercise its monopoly on violence, another entity will fill that void.

I guess this is a long way of saying that I have no issue with direct democracy, but I don't know that it's the answer, because I don't think it addresses the real problem. Maybe it circumvents some of these issues, but how does a direct democracy raise and maintain an army? Or pass a budget?

Re: Independent review of UK national security law warns of overreach

#275
post #204

Earlier quoted context omitted.

I don't understand why you got heavily downvoted. Yes, there are governments that are worse than European, but the decline of European government is the fastest. You may be surprised that the UK is the world leader in the number of people arrested because of internet posts. And that Germany, which is still way behind the UK, has more people arrested for the same reason than Russia, China, North Korea, Iran, Belarus,…

> You may be surprised that the UK is the world leader in the number of people arrested because of internet posts This is untrue, as I've previously pointed out here [0] and here [1]. [0] https://news.ycombinator.com/item?id=41488099 [1] https://news.ycombinator.com/item?id=45412989

As you seem to be unaware of where the 12,183 arrests figure comes from, and suggest that you haven't seen compelling evidence for this figure, you should know that it's from The Times(0). They found that this led to 1,119 sentencings.

In your linked post [1] you suggest that this figure is completely wrong. To demonstrate this, you linked to a FOI request for the Metropolitan Police which shows that the actual figures for 2023 are 124 for Section 127 of the Communications Act and 1,585 for Section 1 of the Malicious Communications Act. This is, ironically, completely wrong. These figures are only applicable for the Metropolitan Police in the Greater London area, if you want figures for the UK you need to file FOI requests for all 45 territorial police forces in the UK. This is what The Times did, and 37 of them responded.

The Standard(1) attempts to address the claim of whether the UK arrests more people for social media posts by looking at figures from other countries, fails to point out a country with more arrests for social media posts, and concludes that open and liberal societies will have more arrests for social media posts because we are more free to do so. Go figure.

You also suggest that racial harassment, domestic abuse, stalking, and grooming are covered under the law, which is somewhat true, The Times quoted a spokesperson from Leicestershire police which stated that the laws cover any communications and may deal with cases of domestic abuse, and this is often the only example given to explain the figures. However it should be noted that the Communications Act(2) only covers electronic communications that are 'grossly offensive or of an indecent, obscene or menacing character' (or posts a message known to be false for the purposes of causing 'annoyance, inconvenience or needless anxiety', prior to 2024), and the Malicious Communications Act(3) while covering letters, EC, articles, etc, only applies if the communication is 'indecent or grossly offensive' (or a threat, prior to 2024).

For some of those issues it can be easy to point to communications that are 'grossly offensive' or threatening/menacing, however there are other more applicable laws to choose from such as the Public Order Act, the Crime and Disorder Act, and the Domestic Abuse Act which largely covers hate crimes and domestic abuse. An order of magnitude more people are arrested for hate crimes under these and similar laws than they are for malicious communications. The Protection from Harassment Act which covers harassment and stalking, the Serious Crime Act covers controlling and coercive behaviour, the Criminal Justice and Courts Act for revenge porn, and the Sexual Offences Act which covers an incredible amount of offences (it's a large act), including everything related to grooming.

The CPS largely discourage using communications offences (unsourced, but (4) is a good starting point), possibly because of the mens rea requirements for 'grossly offensive' or causing distress or anxiety, possibly because the sentencing limit for either communications act limited at 6 months or 12 months for malicious communications (also 6 months for offences prior to 2022), possibly because it has to weigh whether the sentencing is within the public interest with regards to the chilling effect it can have on speech, especially when concerns about Article 10 of the ECHR are brought up, but it has recommended using these acts as a fallback. Prior to 2015 revenge porn wasn't a specific offence but could still be considered under the communications acts for instance.

All of this to say, if the communications acts are being used as a fallback for the issues you mention, it can't be seen as anything other than a failure that the more specific legislation fails to address issues of or prosecuting issues of 'grossly offensive' or 'threatening' communications appropriately, which seems unlikely, but if it is the case, why then is the sentencing rate so pitiful? 10%? For 'racial harassment' and domestic abuse? In a country that records around 130k hate crimes and 230k cases of domestic abuse (of which 35% are related to malicious communications, do the maths) yearly? When the bar is as low as racial slurs or 'threats'?

For a number of high profile cases you could perhaps make the case that the arrest was justified, but these cases are high profile for a reason, they're testing the limits of what can be considered 'grossly offensive' that aren't covered by other more applicable laws. But even then, there are high profile cases simply because the police had absolutely no business arresting anybody(5). For it to be the case that these laws, specific to 'grossly offensive' and 'threatening' behaviour, are being used to address these issues it needs to be demonstrated, and I don't think that has been the case, and the issue of wasted police time needs to be addressed when 90% of arrests didn't need to be made. The last point is especially relevant at a time where petty crime has all but decriminalised over the past decade and when police chiefs are suggesting citizens are the ones that need to do something about shop lifters(6).

In the greater context of the conversation, it should be obvious that police are arresting people for social media posts, regardless of whether you agree with the intent or not, and it should be obvious that the police are interested in policing social media given the absurd number of Non-Crime Hate Incidents being recorded, also around 13,000(7) a year, and I can't see things getting better with the introduction of the OSA. Blaming these issues on a 'right-wing narrative' seems naive at best and missing the forest for the trees at worst. Labour having absolutely abysmal polling issues should suggest that this isn't a partisan issue in the slightest.

(0) https://www.thetimes.com/uk/crime/article/police-make-30-arr...

(1) https://www.standard.co.uk/news/tommy-robinson-uk-speech-cla...

(2) https://www.legislation.gov.uk/ukpga/2003/21/section/127

(3) https://www.legislation.gov.uk/ukpga/1988/27/section/1

(4) https://www.cps.gov.uk/prosecution-guidance/communications-o...

(5) https://www.bbc.com/news/articles/c4gz1qy30v5o

(6) https://www.lbc.co.uk/article/its-up-to-the-public-to-stand-...

(7) https://hansard.parliament.uk/lords/2024-11-19/debates/0DE7E...

Re: Independent review of UK national security law warns of overreach

#276

Earlier quoted context omitted.

This is about the astonishing lack of ability in the political class in the UK. The security services are honestly wagging the dog and they think they can force some kind of key escrow eventually, but instead they’ll just destroy software development in the UK and possibly financial services. It’s the same with the multi billion ID cards and digital ID which is almost impossible for a government as incompetent as thi…

And whatever is foisted on the public will be so insecure you’ll have to deal with your identity constantly being stolen, and it being your problem to fix it.

Your identity can't be stolen. That is something banks have made up to pretend the they aren't at fault.

Re: Independent review of UK national security law warns of overreach

#277

Earlier quoted context omitted.

They can’t even prosecute grooming gangs, the pretence it’s about “the children” rings completely hollow. The UK is a failing nation run by pedophile apologist imbeciles. This is just desperate flailing to hold onto power by any means.

The UK can and does prosecute grooming gangs.

https://en.wikipedia.org/wiki/Grooming_gangs_scandal

"Can"? Sure. "Does"? Now that's debatable. Still waiting for the latest scandal to wrap up. Any day now. Surely it was the last. Surely the limp response hasn't led to more. _Surely_ arresting people for talking about it on social media hasn't led to more of it going on.

Re: Independent review of UK national security law warns of overreach

#278
post #120

Earlier quoted context omitted.

I know its satisfying to think of the government as some singular nefarious entity, but the reality is far worse: There is no one in charge. It’s chaos all the way down.

There are a few people in charge, they just don’t advertise the fact. Similar how the ‘Never ascribe to malice that which is adequately explained by incompetence’. These both appear correct to the vast majority of people because of the Pareto distribution of outcomes, the vast majority of people experience the incompetence / no-one in charge and don’t experience the relatively tiny number of events when the competent…

> Never ascribe to malice that which is adequately explained by incompetence

I feel like this needs updating, sometimes it is greed, other times it also very much is malice, sometimes making those appear as incompetence or just "complex circumstances" is beneficial.

Like how you have a culture war in the US while the rich rob you blind. How you have the "us vs them" politics while checks and balances are dismantled (including accurate reporting on science), alongside social support programs. How around 2020 companies rose prices across the board while claiming supply chain issues, just for those prices to never really come down. Same with the global DRAM manufacturing and the effects across the board on RAM, GPUs and storage - the companies just don't give a shit about consumers, they are choosing this. Also how the housing market is completely unreasonable. Same with US trying to break up EU and increasingly siding with Russia.

Sometimes there's just malice or greed, even when it's not just a small group of shady people in a dark room, but rather entire social groups whose interests and ideologies just happen to align. A lot of people aren't even trying to serve the greater society in the slightest, the prevailing attitude increasingly seems to be "fuck you, I got mine". It doesn't seem entirely new, though, since the whole millennial generation largely got saddled with that economy by those who came before, what's going on is just a bit more open now. Also using US as a good example here, but obviously similar issues are on the rise in Europe as well and elsewhere.

Re: Independent review of UK national security law warns of overreach

#279
post #204

Earlier quoted context omitted.

> You may be surprised that the UK is the world leader in the number of people arrested because of internet posts This is untrue, as I've previously pointed out here [0] and here [1]. [0] https://news.ycombinator.com/item?id=41488099 [1] https://news.ycombinator.com/item?id=45412989

As you seem to be unaware of where the 12,183 arrests figure comes from, and suggest that you haven't seen compelling evidence for this figure, you should know that it's from The Times(0). They found that this led to 1,119 sentencings. In your linked post [1] you suggest that this figure is completely wrong. To demonstrate this, you linked to a FOI request for the Metropolitan Police which shows that the actual figur…

You're right about the figures, that's my mistake, thanks for teaching me.

I'm not convinced by the rest of your argument. For example:

> there are other more applicable laws to choose from such as the Public Order Act, the Crime and Disorder Act, and the Domestic Abuse Act which largely covers hate crimes and domestic abuse

Isn't it possible that people get arrested on multiple charges - both for malicious communications and for harrassment, say?

> In the greater context of the conversation, it should be obvious that police are arresting people for social media posts

Yes, but what's not obvious (or even likely) is that 12000 people are being arrested for "online comments" [0], or that the UK leads the world in such arrests. Sentences have been handed out for various other activities, such as sending photographs or abusive private emails. That's the bit that makes it a right-wing narrative: taking a statistic and giving it a misleading interpretation that happens to support your cause. Has Tommy Robinson said anything in defense/support of Joey Barton? I'm guessing not, because the victims were neither Muslim nor immigrants.

[0] https://www.standard.co.uk/news/tommy-robinson-uk-speech-cla...

Post reply on HN