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The UK Appointed a Diplomat to Go After Data from US Telcos

Following the controversial DRIP legislation, the UK appoints a new special envoy to improve access to data from US companies too.
Image: Shutterstock/Daniel Gale

In a push to access more data for its intelligence and law enforcement services, the British government has assigned a new special envoy position to lead discussions with American telecommunications companies.

The new job was first announced at the same time as the controversial Data Retention and Investigatory Powers (DRIP) legislation, an "emergency" law that the government described as necessary to "enable agencies to maintain existing capabilities" when dealing with UK-based companies.

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DRIP primarily deals with forcing domestic companies to store all customers' metadata, and provide it to law enforcement when asked. But to improve access to information held overseas—in the US, for example—the UK will have to make further arrangements.

Back when DRIP was passed in July, Prime Minister David Cameron said that:

"A number of overseas companies have asserted that their ability to work with the UK government is being severely constrained by international conflicts of jurisdiction. For example, where they think they have a British law saying that they should share data, and an American law saying that they shouldn't. So we intend to appoint a senior diplomat to work with America and other countries to address these concerns and ensure that lawful and justified transfer of information across borders takes place to protect our people's safety and security."

In short, Britain cannot necessarily get access to Americans CSPs because of a potential criss-crossing of laws. The role of the new "Special Envoy on intelligence and law enforcement data sharing" will be to help straighten that out.

The job has been awarded to Sir Nigel Sheinwald, a veteran diplomat who was the ambassador to the United States from 2007 to 2012. He will report to the prime minster and deputy prime minister through the cabinet secretary, and his main responsibility will be to spearhead discussions with other governments, international partners, and communications service providers (CSPs) to allow the UK to get its hands on more data. Or, as the government press release puts it, "to improve access to and sharing of law enforcement and intelligence data in different jurisdictions."

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There's a particular emphasis on working with CSPs. "Sir Nigel will seek to identify ways to take forward the British government's relationship with CSPs and explore how new formal arrangements could improve data access and sharing in both the short and longer term," the announcement explains. CSPs are companies that provide telecommunications, such as Verizon and AT&T, and the label can be applied to those who sell internet services too. No specific businesses are mentioned in the press release.

The main obstacle to accessing this data is legal rather than logistical

The UK trying to get greater access to the records of US companies is not new.

In oral evidence given on the Draft Communications Data Bill in 2012—a piece of legislation dubbed the 'Snooper's Charter' by its critics, which was scrapped after facing strong opposition from civil liberties groups—there was already an explicit desire for the British government to access data held by American CSPs.

Charles Farr, the Director of the Office for Security and Counter-Terrorism, said that the approach to American CSPs should go like this: "Here's what we're getting from UK CSPs. We want to get as close to this with you as we can; can we please discuss it?" Farr mentions talks with "the person from Microsoft."

Elsewhere in that document, the lack of access to American company's records is referred to as "the overseas data gap." Peter Hill, another Home Office official, added, "Whatever the process with the Americans might be, it is about access. It is about accessing data. The issue we have is about the retention of data. Many US companies hold the data we want, but they hold it for a month, so by the time an investigator goes to get it, it is gone. We would like them to hold it for longer."

The main obstacle to accessing this data is legal rather than logistical, and Sheinwald's job will no doubt involve trying to iron out any jurisdictional conflicts. When it comes to amassing data, it's clear the British government is keen to expand its reach across borders.