BBC News: E-mail Bill 'threatens human rights'

[Owen Blacker]

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http://news.bbc.co.uk/hi/english/uk/newsid_830000/830968.stm
Wednesday, 12 July, 2000, 22:29 GMT 23:29 UK 

E-mail Bill 'threatens human rights'

The government has been warned that its "snooping Bill" aimed at
beating cyber crime could breach new human rights laws. 

The Data Protection Commissioner, Elizabeth France, published her
concerns as government plans for the Regulation of Investigatory
Powers Bill were rejected by peers at the report stage. 

Internet service providers linking computers with the internet would
have to install "black boxes" allowing security forces to monitor what
is being sent and received, under the Bill. 

Commissioner France used the release of her annual report on Wednesday
to express her worries about the controversial Bill, which has faced
stiff opposition from e-companies, civil rights campaigners and peers.



Legality questioned 

The new law would enable security forces to monitor email traffic. 

They would also be able to threaten individuals and companies with
prosecution if they refused to decode encrypted messages. 

Ms France said: "We are particularly concerned that the Bill appears
to allow access to encrypted electronic information without a warrant
simply on the basis of a notice issued by a specified law enforcement
agency." 

But the commissioner said such notice should be served only with the
approval of a judge or another independent authority. 

She also questioned the legality of such widespread snooping. 

The powers given to police and security services in the Bill "could
break" the European Human Rights laws, which will come in to force in
England and Wales in October. 


Straw backs Bill

"It is the view of the Working Party on Police that the routine
long-term preservation of data by ISPs for law enforcement purposes
would be disproportionate to general surveillance of communications,"
her report said. 

She warned that could also make the RIP Bill "incompatible" with
European Union directives on data protection. 

Peers insisted ion Wednesday that an interception system for the
internet should be overseen by a statutory body. 

They said setting up costs had been underestimated and warned of the
risk that enormous expense could force e-commerce business away from
the UK. 

Home Secretary Jack Straw has insisted the new laws did not breach the
Convention when he signed the order that will incorporate it in to
domestic law. 

A Home Office spokesman insisted stringent conditions contained in the
legislation would ensure it did not restrict people's human rights.


>> Related links
   http://www.dataprotection.gov.uk/
   http://www.homeoffice.gov.uk/oicd/ripbill.htm
   http://www.privacyinternational.org/

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Owen Blacker
Senior Internet Developer and InfoSec Consultant, pres.co
DSS: 0x7e3c8eab | 2f45 c60d 6a0a 0007 193d  d994 cd36 e021 7e3c 8eab
RSA: 0x38fee6c3 |      7c41 e69c 5b8a 484d  22af 1859 f4c9 307b


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