Net closes on terror as US law lifts lid on messaging

BRITAIN is on the brink of accessing secret Gmail and Facebook messages sent by terrorists, The Daily Telegraph can reveal.

A law to be considered in the next 48 hours would allow British investigators to access messages stored on servers in the US.

The Clarifying Lawful Overseas Use of Data Act – or Cloud Act – was added to a proposed budget deal at the last moment after intense British lobbying. Currently, US internet giants hand over messages to foreign law enforcement bodies only in exceptional cases.

But the Cloud Act removes the restriction and allows America to sign an agreement with Britain that makes US companies bound by UK warrants that ask for access to secret messages.

It would be a success for Theresa May, who lobbied Donald Trump for his support in a phone call last month. She has pushed for reform since she was at the Home Office, while the British Embassy in Washington made the issue a high priority. If the bill is voted through, it will change how British intelligence agencies can disrupt terror plots, by accessing previously unavailable material.

British embassy and US congressional sources told The Telegraph they were optimistic the legislation would be passed. Both houses of Congress must approve the “omnibus” spending bill before midnight tonight (US time) to avoid a government shutdown.

A UK spokesman said: “This legislation is of great importance to the authorities investigating criminal and terrorist activity in Britain.

“It would help ensure people suspected of terrorism and serious crimes like murder, human trafficking, and sexual abuse of children are investigated regardless of where emails or messages are stored.”

However, there are caveats. A warrant would be needed from a UK judge, be specific in scope and deal with serious crimes only. In addition, no US citizen at home or abroad could be targeted.