One person's freedom fighter may be another's terrorist, but David Miranda is very clearly neither. Yet he was detained at Heathrow airport for nine hours under schedule 7 of the Terrorism Act 2000. That the high court has now found his detention to be lawful is disappointing, to say the least. If someone travelling as part of journalistic work can be lawfully detained like this - questioned for hours without a lawyer present, his electronic equipment confiscated and cloned and all without the merest suspicion of wrongdoing required - then clearly something has gone wrong with the law. Schedule 7 suffers the same glaring flaws as the old section 44 counter-terrorism power that also allowed stop and search without suspicion. Such laws leave themselves wide open to discriminatory misuse: section 44 never once led to a terrorism conviction but was used to stop people like journalist Pennie Quinton. In a significant victory, Liberty took her case to the European court of human rights and the power was declared unlawful. Liberty and other organisations intervened in [Miranda's] case on just this point, arguing that the detention violated article 10 of the European convention, the right to freedom of expression. Our riled security services' transparent intimidation and interference with Miranda is shocking. But it's also important that we use his case to shed light on the murky everyday reality of schedule 7.
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