Investigatory Powers Bill ‘lacks clarity’, MPs warn

The proposed Investigatory Powers Bill ‘lacks clarity’ and needs to offer more clarification to technology firms about how record will be stored, according to the House of Commons Science and Technology Committee. A report published by the Committee claims that the Bill ‘addresses issues of fundamental importance for the country’s security’, but stresses that it also places burdens on communications businesses as well as law abiding citizens who may suffer a ‘loss of privacy’. The report largely focusses on implications for communications companies, highlighting that there are widespread doubts about key definitions in the legislation. The committee has called upon the government to ensure that the obligations of technology companies are both clear and proportionate. In terms of plans within the Bill to require the storage of internet connection records (ICRs), the committee claims that there is still ‘confusion about the extent to which ‘internet connection records’ will have to be collected’, meaning communications service providers (CSPs) are unsure what these new measures will means for business plans, costs and competitiveness. The report also warns that many terms used within the Bill require further clarification. It reads: “The government, in seeking to future-proof the proposed legislation, has produced definitions of internet connection records and other terms which have led to significant confusion on the part of communications service providers and others. Terms such as “telecommunications service”, “relevant communications data”, “communications content”, “equipment interference”, “technical feasibility” and “reasonably practicable” need to be clarified as a matter of urgency.” It also deals with the issue of how the Bill will effect end-to-end encryption, asking the government to clarify and state clearly the codes of practice that will be published alongside the Bill. Nicola Blackwood, committee chair, said: “It is vital we get the balance right between protecting our security and the health of our economy. We need our security services to be able to do their job and prevent terrorism, but as legislators we need to be careful not to inadvertently disadvantage the UK’s rapidly growing tech sector. “The current lack of clarity within the draft Investigatory Powers Bill is causing concern amongst businesses. The government must urgently review the legislation so that the obligations on the industry are clear and proportionate. “There remain questions about the feasibility of collecting and storing ICRs, including concerns about ensuring security for the records from hackers. The Bill was intended to provide clarity to the industry, but the current draft contains very broad and ambiguous definitions of ICRs, which are confusing communications providers. This must be put right for the Bill to achieve its stated security goals.”