ABSTRACT

This chapter looks at the legislative measures the UK Government has introduced in its attempt to deal with terrorist electronic communication and the resulting terrorist threat. Starting with the legal surveillance powers in the UK and focusing on those aimed at dealing with counterterrorism, it focuses on the main contentious issues in the 21st Century which are the bulk interception and retention of electronic communications data powers and bulk equipment interference. The chapter shows that the surveillance structure consists largely of the Regulation and Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016 (IPA), which provides the required structural integrity. It starts with an in-depth analysis of IPA, focusing on the extent of the powers of bulk data surveillance, which reveals legislative definitional difficulties within the UK's approach.