Published on Thursday, August 22, 2013 by Common Dreams
High Court rules seized data can be used to investigate links to 'terrorism' but not 'criminal' charges
David Miranda and Glenn Greenwald (Photo: Channel 4 News)
David Miranda won a limited court victory against the UK when the High Court issued a ruling Thursday that prohibits the government and police from "inspecting, copying or sharing" the data that was forcefully taken from him while he was passing through Heathrow airport on Sunday, except for where it is used to 'protect' national security and/or determine whether the claimant is connected with terrorism.
The ruling means that the data can be used to investigate alleged links to terrorism—which free press advocates charge would be a preposterous move aimed at intimidating and silencing journalists—but cannot be used for a criminal investigation.
The Metropolitan police had previously launched a criminal investigation against Miranda, the Guardian reports, but did not give details of the case.
Miranda, a Brazilian citizen and partner of journalist Glenn Greenwald who exposed secret surveillance programs of the US and UK governments, had filed court proceedings against the government to retrieve items that were seized during his 9-hour detention at Heathrow airport, including his cell phone, computer, memory sticks, smart watch, DVDs and games consoles.
Miranda's detention on Sunday, in which Miranda says he was subject to "frightening, stressful and intimidating" interrogation and threats of imprisonment, has sparked outrage over the UK's abuse of Schedule 7, part of the UK's Terrorism Act 2000.
Miranda had been returning from a visit with film-maker Laura Poitras, who helped break the spying revelations stories.
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David Miranda's lawyers threaten legal action over 'unlawful' detention
Partner of Guardian journalist Glenn Greenwald seeks return of equipment seized during nine-hour interrogation at Heathrow
- theguardian.com, Tuesday 20 August 2013 08.10 EDT
David
Miranda: Glenn Greenwald's partner has threatened legal action over his
nine-hour detention at Heathrow. Photograph: Ricardo Moraes/Reuters
In their letter to May and Sir Bernard Hogan-Howe they warn they are seeking immediate undertakings for the return David Miranda's laptop and all other electronic equipment within seven days.
His lawyers at the London firm Bindmans are seeking an official undertaking that there will be "no inspection, copying, disclosure, transfer, distribution or interference, in any way with our client's data".
But they say if there has already been an inspection of his laptop and other equipment it should not be disclosed to any third party, domestic or foreign and should be kept secure pending the outcome of the legal action.
Miranda, whose partner Glenn Greenwald has been working since May with the National Security Agency whistleblower Edward Snowden, was transiting in Heathrow airport en route from Berlin to Brazil on Sunday when he was detained under schedule 7 of the Terrorism Act 2000.
He was questioned for nine hours and according to the letter had belongings including his mobile phone, laptop, memory sticks, smart-watch, DVDs and games consoles confiscated.
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