Abstract
The revelations by NSA whistleblower Edward Snowden have illustrated the scale and extent of digital surveillance carried out by different security and intelligence agencies. The publications have led to a variety of concerns, public debate, and some diplomatic fallout regarding the legality of the surveillance, the extent of state interference in civic life, and the protection of civil rights in the context of security. Debates about the policy environment of surveillance emerged quickly after the leaks began, but actual policy change is only starting. In the UK, a draft law (Investigatory Powers Bill) has been proposed and is currently discussed. In this paper, we will trace the forces and dynamics that have shaped this particular policy response. Addressing surveillance policy as a site of struggle between different social forces and drawing on different fields across communication policy research, we suggest eight dynamics that, often in conflicting ways, have shaped the regulatory framework of surveillance policy in the UK since the Snowden leaks. These include the governmental context; national and international norms; court rulings; civil society advocacy; technical standards; private sector interventions; media coverage; and public opinion. We investigate how state surveillance has been met with criticism by parts of the technology industry and civil society, and that policy change was required as a result of legal challenges, review commissions and normative interventions. However a combination of specific government compositions, the strong role of security agendas and discourses, media justification and a muted reaction by the public have hindered a more fundamental review of surveillance practices so far and have moved policy debate towards the expansion, rather than the restriction, of surveillance in the aftermath of Snowden.
Highlights
The revelations by whistleblower Edward Snowden on mass surveillance1, first published in newspapers such as The Guardian from early June 2013, have transformed our understanding of how our online activities are monitored
Based on the case study of the Investigatory Powers Bill, we suggest that these dynamics are relevant factors for understanding the transformation of surveillance policy after Snowden
In the UK, one of the main actors identified in the Snowden leaks, a major reform project is currently underway that will transform the regulatory environment of digital surveillance and, potentially, provide a model for policy change in other countries
Summary
The revelations by whistleblower Edward Snowden on mass surveillance, first published in newspapers such as The Guardian from early June 2013, have transformed our understanding of how our online activities are monitored. This may include self-organised and non-profit communication platforms that aim at protecting user privacy (Hintz and Milan, 2013) as well as other ‘privacy by design’ strategies that incorporate concerns about civil rights into the technical infrastructure (Guerses, Troncoso and Diaz, 2011) Such developments have been reflected in several strands of communications policy research that address the roles of different forces and dynamics in the shaping of the regulatory environment. The actors that intersect in the making of surveillance policy include national and regional courts and bodies that hear complaints about surveillance, such as the Investigatory Powers Tribunal (IPT) and the European Court of Human Rights (ECHR) Normative institutions such as the UN Special Rapporteurs on freedom of expression and on privacy influence the limits of acceptable behaviour for states, and civil society organisations and internet companies affect the course of policy development through their various means. In the remainder of this article we will discuss a number of dynamics that shaped the draft Bill and formed a key part of the post-Snowden policy environment
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