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The law cannot keep pace with technology. Talented engineers will constantly be working to find new ways to scoop up massive amounts of information which people may previously have regarded as private. The coming debate needs to be about how, and whether, the legal framework relates to technology; how authority is granted; who has access to material; and how scrutiny can be meaningful. It will also want to ask about the relationship between the state, commercial technology giants and telecom companies – and the outsourcing of highly sensitive intelligence to corporations. There is much to discuss.