The law should be changed so that spies who abuse their power to access personal information can be prosecuted, an intelligence watchdog has said.
The Intelligence and Security Committee (ISC) revealed in its long-awaited report that MI5, MI6 and GCHQ have disciplined or dismissed staff for inappropriately accessing personal information through bulk data collection.
But the Committee said it was concerned to find that there is not a specific criminal offence that can be brought against those who misuse interception capabilities and that the law should be changed.
The Interception of Communications Commissioner, The Right Honourable Sir Anthony May revealed there was a "very serious case" last year, in which GCHQ employee deliberately undertook a number of unauthorised searches for related communications data.
The abuse of the systems amounted to gross misconduct and the individual was fired, the Commissioner said.
The director of human rights campaign group Liberty said that the Parliament report into intelligence agency snooping is "ineffective" and "clueless".
Shami Chakrabarti said that the Intelligence and Security Committee is a "mouthpiece for the spooks" and that agencies have acted unlawfully.
The ISC has repeatedly shown itself as a simple mouthpiece for the spooks - so clueless and ineffective that it's only thanks to Edward Snowden that it had the slightest clue of the agencies' antics.
The Committee calls this report a landmark for 'openness and transparency' - but how do we trust agencies who have acted unlawfully, hacked the world's largest sim card manufacturer and developed technologies capable of collecting our login details and passwords, manipulating our mobile devices and hacking our computers and webcams?
No doubt it would be simpler if we went along with the spies' motto of 'no scrutiny for us, no privacy for you' - but what an appalling deal for the British public.
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British and American spies have been accused of stealing codes from one of the world's largest Sim card firms in order to hack into phones.Read the full story ›
The Government Communications Headquarters has allowed cameras behind-the-scenes for the first time.Read the full story ›
By UK Editor Rohit Kachroo
This is a new tone from the new head of GCHQ and language like this from someone like him indicates a new level of fear and frustration about these American internet giants.
In his FT article, Robert Hannigan challenges them after blaming them, saying they should work with the British security services to end the threat posed online by groups like Islamic State.
However much they may dislike it, they have become the command and control networks of choice for terrorists and criminals, who find their services as transformational as the rest of us.
Then he makes this direct plea, saying in effect that we cannot do this on our own:
GCHQ and its sister agencies, MI5 and the Secret Intelligence Service, cannot tackle these challenges at scale without greater support from the private sector, including the largest US technology companies which dominate the web.
In other words, beating the threat online from the likes of Islamic State is as much about the likes of Google and YouTube as it is MI5 and MI6.
There has been no response so far from the companies, but rarely has a spy chief spoken to directly and so publicly in this fashion against the internet and against groups like Islamic State.
But, a word of caution.
This isn't something that can be ended on someone's laptop in San Francisco.
British police are already overstretched, pulling down over 1,000 items a week.
The Islamic State are finding new ways of posting, of getting their message across the internet every single week as well, and our security services are really playing catch-up.
Civil liberties and privacy group, Big Brother Watch, have condemned the head of GCHQ Robert Hannigan for his criticism of internet firms being "in denial" about the role their products play in terrorism and other criminality.
It is wholly wrong to state that internet companies are failing to assist in investigations. The Government and agencies have consistently failed to provide evidence that internet companies are being actively obstructive.
These companies have consistently proved through their own transparency reports that they help the intelligence agencies when it is appropriate for them to do so, which is in the vast majority of cases.
Public debate on this issue would make the country stronger and more unified, yet we have so far failed to achieve this in the UK. Perpetuating falsehoods about the nature of relations between internet companies and the intelligence agencies is certainly not going to help.
The head of GCHQ has called on internet companies to be more open to working with the intelligence agencies against the threat posed by terror organisations such as Isis.
In a blunt article for the Financial Times, Robert Hannigan said the internet has become the "command-and-control" network of choice for Islamist and other criminals providing "routes for the facilitation of crime and terrorism"
The extremists of Isis use messaging and social media services such as Twitter, Facebook and WhatsApp, and a language their peers understand. [...]
There is no need for today’s would-be jihadis to seek out restricted websites with secret passwords: they can follow other young people posting their adventures in Syria as they would anywhere else. [...]
Increasingly their services not only host the material of violent extremism or child exploitation, but are the routes for the facilitation of crime and terrorism. However much they may dislike it, they have become the command-and-control networks of choice for terrorists and criminals, who find their services as transformational as the rest of us. If they are to meet this challenge, it means coming up with better arrangements for facilitating lawful investigation by security and law enforcement agencies than we have now.
The head of listening agency GCHQ has accused technology companies of being "in denial" about the role their networks and products play in terrorism and criminality.
In a forthright opinion piece for the Financial Times Robert Hannigan said companies must open themselves up to more intelligence services.
GCHQ and its sister agencies, MI5 and the Secret Intelligence Service, cannot tackle these challenges at scale without greater support from the private sector, including the largest US technology companies which dominate the web. I understand why they have an uneasy relationship with governments. They aspire to be neutral conduits of data and to sit outside or above politics. But increasingly their services not only host the material of violent extremism or child exploitation, but are the routes for the facilitation of crime and terrorism.
Foreign Secretary William Hague has today announced, that former counter terrorism adviser to the Prime Minister Robert Hannigan has been appointed as the new GCHQ Director.
Speaking in a statement Hague said:
I am delighted that Robert Hannigan has been appointed as the next Director of GCHQ. GCHQ’s world-class work is vital to the safety and security of the United Kingdom.
Robert Hannigan also told of his "privilege" to be asked to lead the GCHQ:
It is a privilege to be asked to lead GCHQ, an organisation which is so central to keeping the people of this country safe. I am excited about meeting the challenges of the coming years with them.