David Miranda Granted a Limited Injunction at High Court

[Hissyspit]

Source: ITV

@NewsBreaker: NEW: David Miranda, partner of @ggreenwald, given limited injunction to stop UK govt from examining data seized during det.

@Reuters: Britain can look at data from Snowden reporter's partner, court says http://t.co/s2EBSaYLWb

14 MINUTES AGO
David Miranda granted a limited injunction at High Court

David Miranda, the Guardian journalist's partner who was held at Heathrow Airport under anti-terror laws, has been granted a limited injunction at the High Court.

It prevents the Government and police from "inspecting, copying or sharing" data seized from him during his detention, but still allows examination for national security purposes.
ABOUT 1 HOUR AGO
Miranda detention 'was interference of human rights'

David Miranda's detention at Heathrow airport violated his human rights, the High Court has heard.

Gwendolen Morgan of Bindman Partners said in a witness statement made on behalf of Miranda that Schedule 7 of the Terrorism Act was used "for an improper purpose and was therefore unlawful".

The decision to use it "amounted to a grave and manifestly disproportionate interference" with Miranda's human rights, Morgan said.

Read more: http://www.itv.com/news/story/2013-08-18/nsa-journos-partner-detained/

[MADem]

1. ...still allows examination for national security purposes.

They're not checking that thing to see his Instagram pics. They would be looking at it for those very purposes.

It's too late. It's probably already been copied and distributed to interested parties before this ruling went down or before the injunction was even filed--probably while he was on the tarmac in London, waiting to take off for Rio...

It's probably me but I couldn't get that link to work...I ended up with "Internal Server Error" on a blank page....

[maddezmom]

3. Page loaded for me

Miranda granted injunction
David Miranda, who was held at Heathrow Airport under anti-terror laws, has been granted a limited injunction to stop the authorities "inspecting, copying or sharing" data seized from him, but allows examination for national security purposes.

6 MINUTES AGO
Met launches criminal probe on basis of Miranda data
The Metropolitan police have launched a criminal investigation sparked by "tens of thousands" of pages of data seized from David Miranda at Heathrow Airport, their lawyer Jonathan Laidlaw QC said.

The QC told the court that the police were only "partway through" examining the data.

That which has been inspected contains in the view of the police highly sensitive material, the disclosure of which would be gravely injurious to public safety and thus the police have now initiated a criminal investigation.

I am not proposing to say anything else which may alert potential defendants here or abroad to the nature and the ambit of the criminal investigation which has now begun.

There is an absolutely compelling reason to permit this investigation to continue.

– JONATHAN LAIDLAW QC

[dipsydoodle]

25. But cannot be used to build a criminal case against him

see Guardian link reply #24.

[maddezmom]

2. Rather confusing language

It prevents the Government and police from "inspecting, copying or sharing" data seized from him during his detention, but still allows examination for national security purposes.

[MADem]

5. I agree--and now the MET Police have opened a criminal investigation.

I guess the national security investigation has revealed criminal activity, that's how they're rolling it out...?

[maddezmom]

8. From the BBC site looks like the materials will remain in custody until Aug 30

When a full hearing is scheduled.

http://www.bbc.co.uk/news/uk-23790578

[dipsydoodle]

26. Nope

Such evidence would now be ruled as inadmissible.

[msanthrope]

33. Only as to him. They don't want him. nt

[maddezmom]

36. Agree, the target is and has been GG

And or Snowden. I believe the gov't overplayed their hand here, tho.

[msanthrope]

37. No. Poitras. Ms. Poitras will be leaving Germany soon, I expect.

And I don't think the government overplayed their hand--I think they anticipated the outcry, and carefully stage-managed this.

[maddezmom]

38. Could be.

I guess they are all subject to a criminal probe for having classified material. Wonder where she would go if she leaves Germany.

[msanthrope]

39. Ms. Poitras will be going wherever she thinks she won't be extradited.

A lot of people on this board are under the mistaken impression that the British government doesn't have this well in hand because they haven't won the PR war.

The government doesn't care about the PR war on this.

[MADem]

43. You quite sure about that?

I'm going to wait and see--I think if there's a "national security" issue revealed, one that has potential to cause harm to a nation or nations of people, that they won't just say "Oh, nevermind, here are your things, on yer bike!"

That seems as silly to me as saying "Oh golly, this suitcase is full of gelignite and it says 'Deliver to Parliament' on it, but since I held the courier too long in the holding area, I have to send him on his way with this suitcase..."

I think that "national security" demands that the stuff continue to be "examined." I also wouldn't be surprised if all the contents were copied and transmitted elsewhere before any court briefs were filed.

[Cryptoad]

19. That means

they can do what they have been doing , they just must redefine why they are doing it,,,,,

[bemildred]

21. It means nothing, self-contradictory.

The nation will always be threatened, so national security purposes will always be relevant.

[Catherina]

40. +1 n/t

[MADem]

4. Finally got the link to open--there is MORE news they just posted....

6 MINUTES AGO
Met launches criminal probe on basis of Miranda data
The Metropolitan police have launched a criminal investigation sparked by "tens of thousands" of pages of data seized from David Miranda at Heathrow Airport, their lawyer Jonathan Laidlaw QC said.

The QC told the court that the police were only "partway through" examining the data.

That which has been inspected contains in the view of the police highly sensitive material, the disclosure of which would be gravely injurious to public safety and thus the police have now initiated a criminal investigation.

I am not proposing to say anything else which may alert potential defendants here or abroad to the nature and the ambit of the criminal investigation which has now begun.

There is an absolutely compelling reason to permit this investigation to continue.

– JONATHAN LAIDLAW QC

http://www.itv.com/news/story/2013-08-18/nsa-journos-partner-detained/

[maddezmom]

6. Here is another link- David Miranda: Data Prompts Police Probe

Police have launched a criminal investigation after examining material seized from the partner of a journalist who was held under UK terror laws.

The High Court was told about the probe as it heard an application by David Miranda for an injunction preventing police and the Government from accessing his data.

The revelation came shortly before Mr Miranda was granted a limited order preventing officials and officers "inspecting, copying or sharing" the information.

However, examination for national security purposes is allowed.

Scotland Yard was unable to provide any more details on the investigation when contacted by Sky News Online.

Earlier, Mr Miranda's QC Matthew Ryder said he had taken action because the Home Secretary and Met Police chief refused to undertake to protect "the confidentiality of sensitive journalistic material".

http://news.sky.com/story/1131684/david-miranda-data-prompts-police-probe

[MADem]

7. I wonder if that "journalistic material" argument will fly, since the

material was not in the possession of a journalist, but a public relations student...?

I think there's more to reveal here--the UK way of doing things is NOT like ours in many ways...

[joshcryer]

10. The UK has source protection.

Middlemen are specifically included in the protection.

[MADem]

11. Now we need to figure out what happens when a file is opened

for national security reasons and evidence of criminality is revealed....?

It's all a bit confusing! Surely they can't unring the bell?

[joshcryer]

9. If it turns out the flash drives were exploitable...

...then that would be insane, that's all I'm sayin'.

[maddezmom]

12. Looks like he turned over his passwords while in detention

http://www.bbc.co.uk/news/uk-23776243


David Miranda feels 'invaded' after password disclosure

David Miranda told the BBC he felt very threatened during his detentionContinue reading the main story
Related Stories

No 10 contacted paper over secrets
No 10 'knew of Miranda detention'
What is schedule 7?
A Brazilian man held for nine hours at Heathrow airport under anti-terror laws says he feels "invaded" after divulging his email and social media passwords.

David Miranda said his interrogators threatened he could go to prison if he did not co-operate.

Mr Miranda is the partner of Guardian journalist Glenn Greenwald who has covered stories based on leaks by US whistle-blower Edward Snowden.

Mr Miranda is challenging the legality of his detention.

He wants his confiscated electronic equipment returned and assurances that his private data will not be distributed on to other parties.

Mr Miranda told the BBC he was forced to disclose his social media passwords.

"I am very angry. This feeling of invasion. It's like I'm naked in front of a crowd," he said. "They said I had to co-operate or else I was going to jail."

It never occurred to me that anything I would be carrying was material for terrorists”

[joshcryer]

42. I doubt he had the passwords to the drives though.

However, if the flash drives were inserted into the computer and the password punched in, there could be metadata (such as Windows search indexing) which would have a list of the files on the flash drive.

That would be evidence that the drives contained secret data.

[Renew Deal]

13. What do they mean by "partner"?

I haven't been following this story closely. Do they mean this is Greenwalds coworker or partner in reporting, or do they mean his boyfriend?

[Hissyspit]

14. They mean significant other.

[MADem]

16. A bit more--the government recognizes their domestic partnership--that's how GG got his visa. nt

[MADem]

15. They are domestic partners and not "married" like being married in

Massachusetts or Canada or wherever. There's been no "ceremony" near as I know.

However, GG and Miranda are registered as domestic partners and that is the basis that allows GG to have a permanent visa (like a green card) to live in Brazil. They have registered their status with the government, so in that sense, it has somewhat of a degree of permanence and it has the knowledge and approval of the government. So, the government would call them spouses, or partners, or what-have-you.

If they split up, though, there would not be a divorce proceeding, Miranda would just advise the government that his former foreign partner doesn't have a reason to have that visa anymore.

[Renew Deal]

17. OK, and he was carrying materials for Greenwald?

Do they also work together? That's where I got hung up with the partner thing.

[MADem]

18. I don't think there's any payroll status between them.

I did read somewhere (which I acknowledge is a sketchy resource, my memory is not perfect) that GG said that DM "helped him out in his work" on occasion, or words to that effect.

That said, GUARDIAN did pay DM's plane fare, so there's a "work-ish" relationship between him and that paper, even if all he was doing is serving as a courier/messenger/delivery man. They also deployed a lawyer to the airport when he got detained.

He has no journalistic experience. I think he's going to "propaganda" school (which translates as Public Relations!).

[Cryptoad]

20. It called

being a "Mule"

[Little Star]

28. Yeah, All couriers are mules. Can you get anymore transparent?....

[Renew Deal]

22. Thanks

[SCVDem]

23. Too late!

All that was copied and analyzed within hours of getting it.

Why would the government wait for a legal decision?

[dipsydoodle]

24. Guardian link which alludes to effect of this.

David Miranda has been granted a limited injunction at the high court to stop the government and police "inspecting, copying or sharing" data seized from him during his detention at Heathrow airport – but examination by the police for national security purposes is allowed.

Miranda had taken the government to court to try and get the data returned, but judges ruled that the police would be able to make limited use of what had been taken during his nine-hour detention on Sunday. He is the partner of Glenn Greenwald, the Guardian reporter who has exposed mass digital surveillance by US and UK spy agencies.

The court ruled the authorities must not inspect the data nor distribute it domestically or to any foreign government or agency unless it is for the purpose of ensuring the protection national security or for investigating whether Miranda is himself involved in the commission, instigation or preparation of an act of terrorism.

But the ruling also meant that data cannot be used for the purposes of criminal investigation – although the court had previously heard that the Met had launched a criminal investigation after analysing the seized data.

http://www.theguardian.com/world/2013/aug/22/david-miranda-court-victory-data-police

[grasswire]

27. can't be shared with NSA?

the text says it can't be shared.

[Little Star]

29. UK/USA/NSA, BFF! Sure they won't share. lol

[bemildred]

30. Oh heck no, they have great respect for veracity and the law.

Anybody can see that.

[msanthrope]

34. It's already been shared. nt

[Catherina]

41. LMAO! Those things went straight to Menwith Hall for joint US/UK decryption.

Expect the findings of the Clapper team providing a report to Obama in 90 days to cover every single plug they can.

[MADem]

44. Yes, they can share it, and they already have. There's a huge caveat in the ruling.

....unless it is for the purpose of ensuring the protection national security or for investigating whether Miranda is himself involved in the commission, instigation or preparation of an act of terrorism.

Poorly written, but if they're protecting national security, they can get out a fine-toothed comb.

[Helen Borg]

31. We'll all have to turn into Jonny Mnemonic.

But then they may cut your head off to get the info.

[MrScorpio]

32. Does anyone know what Miranda's occupation is? nt

[msanthrope]

35. The only detailed article I have found on Miranda is this one---

He was a teen when he met Greenwald, who had moved down to Brazil in his late thirties. The article indicated that Miranda was a student, but didn't give an occupation.

http://www.out.com/news-commentary/2011/04/18/glenn-greenwald-life-beyond-borders?page=full

[MADem]

45. He is a "propaganda" (public relations) student.

It's a May - December relationship--DM was 19, GG was 39 when they met, I believe.