Legal challenge questions GCHQ spy malware program

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The UK government's monitoring agency, GCHQ, has been filed a complaint by privacy campaigners for their development of allegedly illegal spy programs that could hijack computers' cameras and microphones remotely without user consent. The complaint was lodged on Tuesday at the Investigatory Powers Tribunal (IPT). The Guardian said that the legal challenge, which was submitted by group Privacy International, had called for the outlaw of the intrusive interception of communications.

The UK paper said that the claim has been filed following the revelations made by controversial ex-National Security Agency contractor and whistleblower Edward Snowden about the mass surveillance operations conducted by GCHQ and its counterpart in the US. According to the 21-page submission, GCHQ uses a host of malware-type software that were designed to take over or damage another computer. The names of malware varies from Warrior Pride, Gumfish, Dreamy Smurf, Foggybottom and Captivatedaudience.

Deputy director Eric King of Privacy International said about the surveillance operations, "All of this is being done under a cloak of secrecy without any public debate or clear lawful authority. Arbitrary powers such as these are the purview of dictatorships, not democracies. Unrestrained, unregulated government spying of this kind is the antithesis of the rule of law and government must be held accountable for their actions."

The Guardian said that the legal challenge is the latest one brought against GCHQ by civil liberties group following Snowden's revelations. The IPT reportedly has been looking at complaints over the mass interception programs like Prism and Tempora by GCHQ and NSA. The other claims were said to have been filed against other European governments at the European court of human rights. Moreover complaints about the alleged abuse of telecommunications equipment had also been filed with the Organization for Economic Cooperation and Development (OECD).

The UK paper said the IPT is a partially secret court that investigates complaints about the use of surveillance powers by government, police and local authorities. The nature of the IPT has been derived from the fact that majority of its hearings are done behind closed doors.

A spokesman for GCHQ said about the claims about the British agency's spying programs, "Furthermore, all of GCHQ's work is carried out in accordance with a strict legal and policy framework that ensures that our activities are authorized, necessary and proportionate, and that there is rigorous oversight, including from the secretary of state, the interception and intelligence services commissioners, and the parliamentary intelligence and security committee. All our operational processes rigorously support this position."

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National Security Agency, Edward Snowden leak
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