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. The book illustrates how the
2013 'Intelligence Shock' triggered by publication of Edward
Snowden's unauthorized disclosures impelled a transition from
Executive secrecy and statutory disingenuousness to a more
consultative, candid Executive and a policy of 'transparent
secrecy', now reflected in the Investigatory Powers Act 2016. What
the book ultimately demonstrates is that this latest comprehensive
statute, whilst welcome for its candour, represents only the latest
manifestation of the British state's policy of ensuring protection
of national security by granting powers enabling investigative
access to communications and data, in transit or at rest,
irrespective of location.
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