The Royal Society has just published a report on cybersecurity research. I was a member of the steering group that tried to keep the policy team headed in the right direction. Its recommendation that governments preserve the robustness of encryption is welcome enough, given the new Russian law on access to crypto keys; it was nice to get, given the conservative nature of the Society. But I’m afraid the glass is only half full.
I was disappointed that the final report went along with the GCHQ line that security breaches should not be reported to affected data subjects, as in the USA, but to the agencies, as mandated in the EU’s NIS directive. Its call for an independent review of the UK’s cybersecurity needs may also achieve little. I was on John Beddington’s Blackett Review five years ago, and the outcome wasn’t published; it was mostly used to justify a budget increase for GCHQ. Its call for UK government work on standards is irrelevant post-Brexit; indeed standards made in Europe will probably be better without UK interference. Most of all, I cannot accept the report’s line that the government should help direct cybersecurity research. Most scientists agree that too much money already goes into directed programmes and not enough into responsive-mode and curiosity-driven research. In the case of security research there is a further factor: the stark conflict of interest between bona fide researchers, whose aim is that some of the people should enjoy some security and privacy some of the time, and agencies engaged in programmes such as Operation Bullrun whose goal is that this should not happen. GCHQ may want a “more responsive cybersecurity agenda”; but that’s the last thing people like me want them to have.
The report has in any case been overtaken by events. First, Brexit is already doing serious harm to research funding. Second, Brexit is also doing serious harm to the IT industry; we hear daily of listings posptoned, investments reconsidered and firms planning to move development teams and data overseas. Third, the Investigatory Powers bill currently before the House of Lords highlights the fact that surveillance debate in the West these days is more about access to data at rest and about whether the government can order firms to hack their customers.
While all three arms of the US government have drawn back on surveillance powers following the Snowden revelations, Theresa May has taken the hardest possible line. Her Investigatory Powers Bill will give her successors as Home Secretary sweeping powers to order firms in the UK to hand over data and help GCHQ hack their customers. Brexit will shield these powers from challenge in the European Court of Justice, making it much harder for a UK company to claim “adequacy” for its data protection arrangements in respect of EU data subjects. This will make it still less attractive for an IT company to keep in the UK either data that could be seized or engineering staff who could be coerced. I am seriously concerned that, together with Brexit, this will be the double whammy that persuades overseas firms not to invest in the UK, and that even causes some UK firms to leave. In the face of this massive self-harm, the measures suggested by the report are unlikely to help much.
Eric Schmidt warns that Britain and the EU must not let a digital gap open up; they need as “great a unification as possible” in technology regulation.
See also Steven Murdoch’s blog post on the report.