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by ionised 3173 days ago
So why was there such a furore in the wake of those leaks about the NSA and GCHQ spying on their own people?

Clapper was questioned by congress about whether data on a Americans was swept up in the dragnet, and Clapper (lying) said no, not wittingly.

Likewise, GCHQ were found to be acting illegally, hence the IPA that enshrined what they were already doing into law.

> 5-EYES is an agreement between certain countries to NOT spy on people from those other countries

If this is the case, then based on those leaks, it looks like both the US and UK broke this agreement. None of this makes any sense based on what you just told me.

2 comments

The legal challenges and confusion relate mainly to the distinction between "targeting" a person's communications (i.e. the actual content of their emails and phone calls), and the bulk collection of "metadata".

5-EYES countries agree to not "target" each others citizens, i.e. to actually hack their devices or listen to their phones.

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GCHQ's bulk collection of metadata was ruled legal but they had failed to provide some information to the surveillance watchdog, which is why the watchdog retrospectively ruled a period of it's operation (7 years) unlawful.

It did not become lawful after IPA, it was always allowed (rightly or wrongly), they just failed to provide sufficient information about the programme to the watchdog. IPA didn't pass until 2016, well after the programme had been ruled lawful under existing laws.

You have made two data points, but haven't linked them.

P: Clapper lied.

Q: RIPA was signed into law to make GCHQ collection legal.

P -> Q: ???