After the closed hearing
After the closed hearing in Liberty et al’s challenge, the UK government agreed to disclose that:
1(a): The Intelligence Services may request unanalyzed intercepted communications and associated communications data from a foreign government if a RIPA warrant has already been issued by the Secretary of State and if the assistance of the foreign government is needed because the communications at issue “cannot be obtained under the relevant RIPA interception warrant and it is necessary and proportionate for the Intelligence Services to obtain those communications.” Id., para. 47.
1(b): The Intelligence Services may also request unanalyzed intercepted communications and associated communications data from a foreign government in the absence of a warrant, if “making the request … in the absence of a relevant RIPA interception warrant does not amount to a deliberate circumvention of RIPA … (for example, because it is not technically feasible to obtain the communications via RIPA interception) and it is necessary and proportionate for the Intelligence Services to obtain those communications.” Id.
2:“[I]nternal ‘arrangements’” ensure that all communications, whether analyzed or unanalyzed, and all communications data that the Intelligence Services obtain from a foreign government are subject to the “same internal rules and safeguards” that apply to the same categories of data obtained by the Intelligence Services through RIPA interceptions. Id.
After the additional open hearing
After an additional open hearing on October 31, 2014, the UK government agreed to the following Disclosure:
(1): The Intelligence Services may only make requests to the US government for “unanalyzed intercepted communications (and associated communications data)” obtained, in accord with Section 702 of FISA, through the Prism program or, hypothetically, the Upstream program. Id., para. 48.
(2): As to the requests referred to in paragraph 1(b) of the Disclosure after the first closed hearing (see (a) above), the Intelligence Services have yet to request data from the Prism or Upstream programs without a RIPA warrant in place, and “[a]ny such request would only be made in exceptional circumstances.” Id.