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Protecting National Security: A History of British Communications Investigation Regulation

Protecting National Security: A History of British Communications Investigation Regulation

Hardcover

General LawGeneral World History

ISBN10: 0815395442
ISBN13: 9780815395447
Publisher: Routledge
Published: Jul 27 2021
Pages: 318
Weight: 1.42
Height: 0.75 Width: 6.14 Depth: 9.21
Language: English

This book contends that modern concerns surrounding the UK State's investigation of communications (and, more recently, data), whether at rest or in transit, are in fact nothing new. It evidences how, whether using common law, the Royal Prerogative, or statutes to provide a lawful basis for a state practice traceable to at least 1324, the underlying policy rationale has always been that first publicly articulated in Cromwell's initial Postage Act 1657, namely the protection of British 'national security', broadly construed. It further illustrates how developments in communications technology led to Executive assumptions of relevant investigatory powers, administered in conditions of relative secrecy. In demonstrating the key role played throughout history by communications service providers, the book also charts how the evolution of the UK Intelligence Community, entry into the 'UKUSA' communications intelligence-sharing agreement 1946, and intelligence community advocacy all significantly influenced the era of arguably disingenuous statutory governance of communications investigation between 1984 and 2016.

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