The focus on terror has distorted the debate on encryption

Surveillance has hit the headlines again. This morning, the Data Retention and Investigatory Powers Act, or DRIPA, which passed last year after just 24 hours debate, was ruled illegal by the High Court in a landmark case. DRIPA was an emergency measure to allow law enforcement agencies access to communications data, and its illegality puts even more pressure on Theresa May’s forthcoming Investigatory Powers Bill, announced in the Queen’s Speech. Last week, David Cameron announced that WhatsApp, Snapchat, iMessage, indeed, any encrypted messaging system, could be banned under new laws. In the fight against terrorism, the security services’ ability to intercept communications by would-be violent extremists is said to be paramount. ‘In our country,’ said Cameron speaking in January, ‘do we want to allow a means of communication between people which we cannot read? My answer is no we must not.’

That same week, a few thousand miles away in Milan, Hacking Team – a ‘does what it says on the tin’ company which specialises in creating software for governments – suffered a massive hack themselves.