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National Security Bill - Sitting 2
07 July 2022
Type
Public Bill Committee
At a Glance
Issue Summary
The statement discusses the National Security Bill and its implications for deterring, detecting, and disrupting state threats in the UK. The statement addresses concerns over the National Security Bill and its provisions related to foreign influence, cybersecurity, and national security threats. The discussion focuses on foreign interference through social media platforms during political events and the challenges in attributing such activities to state actors. The statement discusses the need for a foreign influence transparency register system and the ability of the Secretary of State to intervene in problematic institutional relations. The statement is about discussing the National Security Bill and addressing concerns related to foreign interference and online safety. Louise Edwards, from the Electoral Commission, discusses the current state of foreign interference in UK elections and the role of her organisation in overseeing electoral law and political finance. The statement discusses the challenges of regulating political advertising and ensuring transparency in campaign spending. Professor Ciaran Martin discusses the National Security Bill and its approach to tackling cyber threats and disinformation. Professor Ciaran Martin discusses the strategic impact of foreign cyber operations, using a specific example from China's breach of US Office of Personnel Management. Rushanara Ali is concluding the questioning session with Professor Ciaran Martin and introducing new witnesses for further discussion on the National Security Bill. The statement addresses concerns about existing espionage offences and discusses improvements made by the National Security Bill, particularly regarding the definition of prohibited places. Rich Owen discusses concerns regarding the foreign influence registration scheme and its potential impact on legal professional privilege for solicitors. Rushanara Ali is discussing the National Security Bill and raising concerns about the distinction between UK interests and Government interests under clause 3. The statement discusses the National Security Bill and its provisions related to protecting against coordinated, state-backed disinformation. Poppy Wood discusses the importance of linking the National Security Bill and the Online Safety Bill to address foreign interference in elections through co-ordinated disinformation campaigns. Poppy Wood discusses the challenges in defining disinformation and the need for transparency and cross-Government cooperation to address its impact. Poppy Wood discusses concerns about transparency in social media platforms, encryption, and the potential impact of amendments in the Online Safety Bill on encryption. She also addresses whistleblower protections and the risks to free speech from clauses in the National Security Bill. The statement addresses concerns regarding the National Security Bill, specifically clause 23, which aims to protect individuals from prosecution for encouraging or assisting crimes overseas. Dan Dolan discusses clause 23 of the National Security Bill and its potential implications on ministerial criminal liability for actions assisting or encouraging crimes overseas. Rushanara Ali concludes a session on the National Security Bill, thanking the witness for their time and bringing the discussion to an end.
Action Requested
There is no specific action requested. The witnesses provide their views on whether the Bill will improve the UK's ability to address cyber threats and influence operations, particularly those related to disinformation and interference by foreign states such as Russia and China.
Key Facts
- Carl Miller and Sam Armstrong provided evidence regarding state threats and online influence operations.
- Carl Miller emphasized that the problem is not primarily about disinformation but includes amplification of truths over others and manipulation of identities and reasons for engagement.
- Sam Armstrong highlighted the broader nature of Chinese Communist party interference, involving individuals who may not see themselves as operatives of a foreign intelligence state.
- The Bill allows broad powers for security services to address certain offences.
- Carl Miller discusses the rise in companies selling social media manipulation services, such as fake followers and positive comments.
- There are concerns about state-backed activities using these services and targeting open-source communities like Wikipedia.
- Researchers struggle with clear attribution of foreign interference on social media platforms.
- Facebook took down accounts linked to every mainstream political party during the last Indian election.
- China's approach to information operations involves building close relations with influential individuals rather than direct disinformation campaigns.
- The Australian foreign influence transparency register system is cited as an example.
- Carl Miller recommends expanding the intelligence picture by integrating social media intelligence within the national strategic intelligence picture.
- Current legislation may not be sufficient alone to address international cyber-crime due to jurisdictional issues.
- The Government tabled an amendment to make “foreign interference” a priority offence in the Online Safety Bill.
- Platforms like TikTok have limited or no data availability for researchers, while Facebook and Twitter provide some level of data access.
- Defence intelligence has been publishing daily information during the Ukrainian war that counters many foreign interference problems.
- The Electoral Commission does not have an intelligence function but offers advice on electoral law and finance to law enforcement upon request.
- There is only one notification from MI5 regarding foreign interference in the UK's political finance system, which Edwards acknowledges as a matter that should not be taken lightly.
- Current offences involving foreign state powers are handed over to law enforcement by the Electoral Commission under existing processes.
- The Electoral Commission does not have intelligence functions, receiving information rather than creating or analysing it.
- Political finance regime focuses on registered political parties, third-party campaigners, candidates, and those with donation-reporting obligations.
- Digital imprints are required for regulated political material produced by political parties, third-party campaigners, and candidates.
- Professor Ciaran Martin served on the board of GCHQ from 2014 to 2020.
- The legislation aims to criminalise assisting foreign intelligence services in the UK, even remotely.
- Key threats come from Russia, China, and Iran.
- The Chinese Government extracted over 20 million security clearance records from the US Office of Personnel Management in 2015.
- The breach involved data on everyone who applied for a security clearance from the US Federal Government between 2000 and 2014.
- France's approach to disinformation during the 2017 election included casting doubt on the authenticity of information suspected to be tampered with by foreign intelligence services.
- Professor Ciaran Martin was a witness discussing the National Security Bill.
- Dr Nick Hoggard led the Protection of Official Data project at the Law Commission.
- Professor Penney Lewis is the criminal law commissioner at the Law Commission.
- The National Security Bill implements part of the Law Commission’s report on espionage offences.
- There are minor differences in the implementation but they are considered natural during legislative drafting.
- Clause 8 gives the Secretary of State powers to designate places as prohibited to protect UK safety or interests.
- Rich Owen represents the views of the legal profession regarding the proposed foreign influence registration scheme.
- Legal professional privilege is an ancient common-law right dating back over 400 years.
- The Law Society regards provisions for delaying access to a solicitor and notifying family members as proportionate.
- Rushanara Ali mentions hypothetical scenarios involving disclosure of sensitive information by former KGB officers meeting with Foreign Secretaries.
- Professor Penney Lewis explains that clause 3 of the Bill covers offences outside their original recommendations for espionage.
- The Law Commission conducted a comprehensive review starting in 2015, involving consultations and stakeholder meetings.
- Poppy Wood leads UK public policy for Reset.tech, a philanthropic organisation focusing on digital threats to democracy.
- The session is scheduled until around 4:20 pm.
- Poppy Wood refers to the ISC report from 2020 on Russia, noting the issue of co-ordinated disinformation and state-backed interference.
- The Free Scotland 2014 campaign was backed by Russian and Iranian actors using social media to destabilize the Union in 2014.
- Carnegie UK or another group has suggested that illegal content should mean content for which a provider has 'reasonable grounds to believe' it amounts to a relevant offence.
- Disinformation is difficult to define due to its shapeshifting nature.
- The Online Safety Bill addresses some aspects but lacks provisions on co-ordinated inauthentic behaviour and disinformation.
- There should be transparency and cross-Government involvement, including industry, civil society, journalists, and researchers.
- 75% of counter-terrorism speech identified as AI on platforms like Facebook.
- Poppy Wood discusses transparency concerns regarding public posts on social media platforms.
- Encryption is highlighted as an important tool with benefits for security services.
- Russia Today has been resurrected multiple times on social media under different names.
- The ISC and Law Commission recommend formal procedures for whistleblowing within intelligence agencies.
- Article 19 and Index on Censorship have reviewed the impact of the National Security Bill on journalism.
- Clause 23 disappplies provisions of the Serious Crime Act 2007 relating to encouraging or assisting crimes overseas.
- There is an existing regime under the Intelligence Services Act 1994 that already protects intelligence officers for acts authorised by a Minister in furtherance of their duties.
- Clause 23 insulates individuals from criminal liability for actions taken within the UK that may encourage or assist offences overseas.
- Clause 23 of the National Security Bill aims to protect ministers from criminal liability for actions assisting or encouraging crimes overseas.
- The Intelligence Services Act 1994 provides protection to intelligence officers through section 7 authorisations.
- The Serious Crime Act 2015 includes a reasonableness defence under section 50.
- Rushanara Ali thanked the witness on behalf of the Committee.
- The session concluded without further discussion or proposals.
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