DEFENDINGLEAVING LOCKDOWN: EUROPE: “GLTHEOBAL IMPACT BRIT OF AIN”COVID-19 ANDON CIVIL THE LIBERTIES FUTURE AND DEFENDINGOFNATIONAL EUROPEAN SECURITY EUROPE: “GLIN THEOBAL UK BRIT & USAIN” ANDBYGEOPOLITICS NIKITA THE MALIK FUTURE OFBY JAMES EUROPEAN ROGERS GEOPOLITICS BY JAMES ROGERS DEMOCRACYCY| F|REEDOM FREEDOM| HUMAN| HUMAN RIGHT RIGHTS S Report No. 2018/Report1 May No. 2018/20201 Published in 2020 by The Henry Jackson Society The Henry Jackson Society Millbank Tower 21-24 Millbank London SW1P 4QP Registered charity no. 1140489 Tel: +44 (0)20 7340 4520 www.henryjacksonsociety.org © The Henry Jackson Society, 2020. All rights reserved. The views expressed in this publication are those of the author and are not necessarily indicative of those of The Henry Jackson Society or its Trustees. Title: “LEAVING LOCKDOWN: THE IMPACT OF COVID-19 ON CIVIL LIBERTIES AND NATIONAL SECURITY IN THE UK & US” BY NIKITA MALIK ISBN: 978-1-909035-57-7 £7.95 where sold Front Cover: (from left to right) Contact tracing system in the United Kingdom, 3D rendering isolated on white background, by AlexLMX – Royalty-free stock illustration ID: 1725136663 – https://www.shutterstock.com/image-illustration/contact-tracing-system-united-kingdom- 3d-1725136663; Corona Virus Tracking App privacy concerns concept with hand holding cell phone with application design showing choice between app and privacy, by Firn – Royalty-free stock photo ID: 1708760140 – https://www.shutterstock.com/image-photo/corona-virus-tracking- app-privacy-concerns-1708760140; and Contact tracing system in the United States, 3D rendering isolated on white background, by AlexLMX – Royalty-free stock illustration ID: 1725136630 – https://www.shutterstock.com/image-illustration/contact-tracing-system-united-states-3d-1725136630. DEFENDINGLEAVING LOCKDOWN: EUROPE: “GLTHEOBAL IMPACT BRIT OF AIN”COVID-19 ANDON CIVIL THE LIBERTIES FUTURE AND OFNATIONAL EUROPEAN SECURITY GEOPOLITICSIN THE UK & US BY JNIKITAAMES ROGERS MALIK DEMOCRACY | FREEDOM | HUMAN RIGHTS ReportMay No. 2018/20201 Leaving Lockdown: The Impact of COVID-19 on Civil Liberties and National Security in the UK & US About the Author Nikita Malik is the Director of the Centre on Radicalisation and Terrorism (CRT) at the Henry Jackson Society. She is an internationally recognised expert on countering violent extremism, terrorism, and hate-based violence, with a focus on youth deradicalisation. In her role, she has worked with key policy makers and government departments in the UK and globally. A key component of Nikita’s work focuses on the propagation of extremist material online, including on social media platforms and the Darknet. Her research has put forward a number of solutions to foster engagement between UK government policymakers and technology companies. Her past research reports have been regularly featured in the media, and her findings and policy recommendations have been discussed in the Houses of Parliament, European Parliament, the US State Department, and the United Nations. In addition to working with government policy makers and the media, Nikita has also engaged NGOs to build partnerships and deliver high-impact programmes on youth and radicalisation, including Save the Children, Child Soldiers, Child to Child, UNICEF, and others. Her work on radicalisation has paralleled models on how children are exploited by gangs, cults, and violent groups, and the way technology can help or hinder their exit. Her work to date led to Forbes magazine honouring her in 2018 as a ‘30 under 30’, and a key influencer in law and policy. Nikita was educated at the University of Oxford (where she completed her MA and MSc) and has a second MSc in Middle Eastern Politics and Arabic from SOAS, University of London. She is fluent in four languages. Acknowledgements I am grateful for research assistance provided by Henry Jackson Society interns Avraham Spraragen, Avilia Zavarella, and Georgina Edwards. I would also like to thank a number of anonymous reviewers for their helpful comments and feedback. 2 Leaving Lockdown: The Impact of COVID-19 on Civil Liberties and National Security in the UK & US Contents About the Author ......................................................................................................2 Acknowledgements ..................................................................................................2 About The Henry Jackson Society .........................................................................4 About The Centre on Radicalisation and Terrorism .............................................4 About The Centre on Social & Political Risk .........................................................4 1. Introduction .........................................................................................................5 2. Civil Liberties for Security – What’s the Trade-Off? ......................................7 a. Emergency Legislation ........................................................................................... 8 3. Policing and Coercive Control.......................................................................... 11 a. National Security Determinations ......................................................................11 b. Detention and Trials .................................................................................................11 c. Powers Related to Infectious Persons .............................................................12 4. Data Collection, Surveillance, and Security .................................................. 15 a. Data Mining ................................................................................................................15 b. Privacy .........................................................................................................................16 c. Accuracy .....................................................................................................................17 5. Policy Recommendations and Looking Ahead ............................................. 18 3 The soUTh China sea: Why iT maTTeRs To “gLoBaL BRiTain” Leaving Lockdown: The Impact of COVID-19 on Civil Liberties and National Security in the UK & US About Us DEMOCRACY | FREEDOM | HUMAN RIGHTS About The Henry Jackson Society The HenryHenry Jackson Jackson Society Society is a isthink-tank a think-tank and policy-shaping and policy-shaping force that force fights that for fights the principlesfor the principlesand alliances and which alliances keep which societies keep free,societies working free, acrossworking borders across andborders party and lines party to combatlines to combatextremism, extremism, advance advancedemocracy democracy and real humanand real rights, human and rights, make aand stand make in ana standincreasingly in an increasinglyuncertain world. uncertain world. About The CentreAsia Studies on Radicalisation Centre and Terrorism The Asia Studies Centre attempts to provide an in-depth understanding of the structural shifts, The Centre on Radicalisation and Terrorism (CRT) at the Henry Jackson Socerty is unique in regional complexities and historic tensions that exist alongside the tremendous economic and addressing violent and non-violent extremism. By coupling high-quality, in-depth research with social growth that traditionally characterise the “rise of asia”. With some predicting that the targeted and impactful policy recommendations, we aim to combat the threat of radicalisation region will account for 40% of global gDP by 2050, a post-Brexit Britain must develop a foreign and terrorism in our society. policy posture for the region that navigates British economic interests and cultural and political values on the one hand, while maintaining strong support for regional liberal democracies and international law on the other. About The Centre on Social & Political Risk AboutThe Centre the on Global Social Britain& Political Pro Riskgramme (CSPR) is a citizen-focused, international research centre, which seeks to identify, diagnose and propose solutions to threats to governance in Theliberal Global Western Britain democracies. Programme Itsis fundamental a research programme purpose is withinto underscore the henry the Jackson potential society harm thatthat variousaims to forms educate of social, the public cultural on and the political need insecurity,for an open, conflict confident and disengagementand expansive can British pose togeostrategic the long-term policy sustainability in the twenty-first of our democracies. century, drawing off the United Kingdom’s unique strengths not only as an advocate for liberalism and national democracy, but also as a custodian of both the european and international orders. 28 4 Leaving Lockdown: The Impact of COVID-19 on Civil Liberties and National Security in the UK & US 1. Introduction Following the terrorist attacks on 11 September 2001, then-US President George W. Bush framed the challenge facing the United States thus: “Our nation has been put on notice: We are not immune from attack”. 1 Over a decade and a half later, in 2017, then-UK Foreign Secretary Boris Johnson described the global effort against radical Islam as “a fight not against a military opponent but against a disease or psychosis”. 2 As these two examples show, the use of medicinal language to describe the war against terrorism has been a common theme in speeches of leaders in the United States (US) and the United Kingdom (UK). 3 Yet recent statistics produced by New York City (NYC) health officials have revealed that the