Free ISPs - new subscriber identification requirements

[davidh@spidacom.co.uk]

On 13 Mar 99, at 18:43, Quentin Campbell wrote:

> Free e-mail ISPs have a legitimate role but they cannot wash their hands
> of the misdeeds of their users. They are not a "common carrier" 

The question is whether they should be. The telephone and postal  
services are frequently used to assist in the commission of crimes, 
but nobody has suggested hounding them for their part in such crimes.

> The reaction of the Police in these cases is interesting. I have been told
> that where they believe that a crime has been committed using an ISPs
> services they are entitled to go into the premises of that ISP to seize
> and impound computing equipment as "material evidence" in that criminal
> case.

They are also entitled to get a warrant and then ask the ISP to 
reveal the details, much as they would do with a bank when requesting 
account details. This is an above board process that has some amount 
of accountability and independent review. There is also the 
unacceptable form cooked up with the Data Protection Registrar. The 
sort of strong arm tactics you outline are what I would call 
threatening words and behaviour.  

> I have also
> learned that the Police are not always the villains that some would
> portray them to be. 

I think that almost everybody would agree with this, the operative 
words being "not always".
 
> The particular case that I cite above, as well as others with which I have
> been involved, have taught me that with appropriate support the Police can
> be a prompt and diligent protector of an individual beset by an oppressive
> wrong which has been facilitated by the freedom of the Internet.

Unfortunately the police are going the wrong way about getting 
appropriate support. Secret meetings with a clique of ISPs are not 
the way to get the support of the informed Internet community. 
Openness and actually listening to what they are told is the way to 
get this support. I have yet to hear anybody seriously objecting to 
the warrant approach, what people have objected to is schemes where 
the police are not supervised. As we become much more informed there 
will be less scope for the police to do things without reference to 
others.




 David Hansen | davidh@spidacom.co.uk  | PGP email preferred
 Edinburgh    | CI$ number 100024,3247 | key number 5432274D